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LEGAL AID IN CASES OF INVOLUNTARY PSYCHIATRIC TREATMENT

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LEGAL AID IN CASES OF INVOLUNTARY PSYCHIATRIC TREATMENT

The activities of the Legal Aid Service include defense of the rights of individuals in cases of non-voluntary psychiatric treatment.

The Legal Aid Service offers free legal counselling to patients in cases of non-voluntary psychiatric treatment. They are entitled to both person-to-person and telephone/online consultation services. The Legal Aid Service provides legal assistance in a dispute over non-voluntary psychiatric treatment to an insolvent person whose case falls into the category of complex and important cases.

A patient placed in a psychiatric clinic has a right to:

  • a defense lawyer’s service. The administration of a psychiatric clinic is obliged to organize a meeting between the patient and a defense lawyer in the absence of third parties except those cases when the patient’s mental health rules out such meeting;
  • complain and apply to the court and other state entities;
  • participate in elections;
  • participate in private legal relations other than the relations for which the court assigned a guardian to the patient;  
  • benefit from social protection in accordance with the Georgian legislation.

The types of psychiatric assistance are:

  • Voluntary psychiatric treatment;
    • A patient is placed in a clinic for voluntary treatment based on his/her request or/and informed consent, in cases of patients under 16, based on a legal representative’s request and informed consent (a patient’s participation in decision-making is required considering his/her age and mental health state);
  • Non-voluntary psychiatric treatment.
    • Non-voluntary psychiatric treatment is provided in cases when a person cannot make conscious decisions due to a mental disorder and psychiatric assistance cannot be provided without placing him/her in a clinic, also if a delay in assistance threatens a patient’s or another person’s life or/and health, or if a patient can inflict significant material damage on oneself or others.

After a person is placed in a clinic a council of psychiatrists must study the patient’s mental state and make a decision on suitability of non-voluntary hospitalization for psychiatric treatment.

If a council of psychiatrists decides that a patient needs non-voluntary clinical psychiatric assistance, the administration of a psychiatric clinic applies to the court with a request to issue an order on the patient’s hospitalization for non-voluntary psychiatric treatment.  The council’s decision has to be immediately communicated to the patient, his/her legal representative, or in the absence of such - to his/her relative; in cases of foreign nationals, the decision is communicated to a relevant diplomatic mission.

The court is obliged to consider the application and make a decision on the patient’s non-voluntary stationary psychiatric treatment. The patient has to be involved in the consideration of the case. During proceedings the patient’s interests are represented by a legal representative, in the absence of such – by a relative and a defense lawyer. If a patient does not have a lawyer, the latter is appointed at the State’s expense (mandatory defense).

In cases envisaged in the Criminal Procedure Code of Georgia the court considering criminal cases is authorized to order non-voluntary psychiatric treatment. If the court establishes that the defendant was insane at the time of committing a crime, the court quits criminal prosecution against him/her based on the party’s motion. The court is also obliged to rule on non-voluntary treatment of a person based on the forensic-psychiatric evaluation if the grounds envisioned in the Law on Psychiatric Assistance are present.  The grounds are as follows:

  • A person cannot make conscious decisions because of a mental disorder and he/she may not receive psychiatric treatment without being placed in a hospital;
  • There is a risk that due to a mental disorder a person may inflict damage, threaten or/and behave violently in relation to oneself or/and others.

 


Legal Acts

  • Constitution of Georgia
  • Convention for the Protection of Human Rights and Fundamental Freedoms
  • International Covenant on Civil and Political Rights
  • International Covenant on Economic, Social and Cultural Rights
  • Law of Georgia on Psychiatric Assistance
  • Administrative Procedure Code of Georgia
  • Criminal Procedure Code of Georgia

 


Scope of Service

In the course of conducting defense on civil and/or administrative cases, the lawyer of Legal Aid Service, as the rule conducts following actions:

  • Reviews the information and case materials.
  • Meets with the client and provides legal advice.
  • Analyzes the information related to the case, ensures the collection of evidence and submission with the court for the purpose of successful conduct of the case.
  • Represents the client in court.
  • Drafts legal documents related to the case – motions, claims, counterclaims, motions complaints, applications.
  • Informs the client an in case of necessity his/her legal representative on the course of conduct of the case.

 


Terms of Use of the Service

 

 
LEGAL CONSULTATION
DRAFTING OF LEGAL DOCUMENTS
LEGAL AID IN CRIMINAL PROCEEDINGS
AID OF JUVENILES
DOMESTIC VIOLENCE
VIOLENCE AGAINST WOMEN
LEGAL AID IN FAMILY DISPUTES
INHERITANCE
LEGAL AID FOR IDPs
LEGAL AID IN SOCIAL PROTECTION ISSUES
PENSION ISSUES
LEGAL AID FOR PERSONS SEEKING A STATUS OF “BENEFICIARY OF SUPPORT”
LEGAL AID IN CASES RELATED TO PATIENTS’ RIGHTS
LEGAL AID FOR VETERANS
LEGAL AID IN CASES OF DISCIPLINARY PROCEEDINGS AGAINST PRISONERS
LEGAL AID IN CASES ENTAILING ADMINISTRATIVE ARREST
LEGAL AID FOR ASYLUM SEEKERS
LEGAL AID IN CASES RELATED TO SOCIAL RIGHTS OF FORMER CIVIL SERVANTS AND SCIENTIST
LEGAL AID FOR FAMILIES OF THE SERVICEMEN DEAD OR LOST DURING THE MILITARY OPERATIONS
LEGAL AID IN CASES OF INVOLUNTARY ISOLATION OF THE DISEASED PERSONS
LEGAL AID IN CASES RELATED TO SOCIAL RIGHTS OF VICTIMS OF POLITICAL REPRESSIONS
LEGAL AID IN CASES RELATED TO SOCIAL RIGHTS OF PERSONS WITH DISABILITIES