According to the relevant laws of our country, there is no regulation on the time for lifting compulsory medical treatment. Compulsory medical institutions or compulsory medical patients and their relatives can file a request at any time. If a person subjected to compulsory medical treatment and his close relatives apply to terminate compulsory medical treatment and the application is rejected by the People's Court, and if the application is made again six months later, the People's Court shall accept the application.
Responsibilities of compulsory medical treatment institutions:
1. The person subjected to compulsory medical treatment and his close relatives apply to the People's Court for the termination of compulsory medical treatment. If the compulsory medical institution cannot provide a diagnostic evaluation report, the applicant may apply to the People's Court for retrieval. When necessary, the people's court may entrust an appraisal agency to conduct appraisals on persons who have been subjected to compulsory medical treatment.
2. Compulsory medical treatment institutions should regularly diagnose and evaluate people subjected to compulsory medical treatment. For those who are no longer in personal danger and do not need to continue compulsory medical treatment, opinions on lifting the condition should be made in a timely manner.
Protection of the rights of mentally ill patients during compulsory medical treatment
Article 18 of the "Criminal Law" stipulates that when a mentally ill patient cannot identify or control his own behavior and causes harmful consequences, the legal procedure shall be followed If confirmed, they will not be held criminally responsible, but their family members or guardians should be ordered to strictly monitor and treat them; if necessary, the government will compel medical treatment.
In order to protect public security and maintain social harmony and order, the new Criminal Procedure Law adds provisions on this basis. Those who commit violent acts, endanger public security or seriously endanger the personal safety of citizens shall not bear criminal responsibility in accordance with legal procedures. Mental patients may be subject to compulsory medical treatment. If the public security organ finds that a mentally ill patient meets the conditions for compulsory medical treatment, it shall write an opinion on compulsory medical treatment and transfer it to the People's Procuratorate. If a mentally ill patient transferred by the public security organ or found during the review and prosecution process meets the conditions for compulsory medical treatment, the People's Procuratorate shall apply to the People's Court for compulsory medical treatment. During the trial of a case, if the People's Court finds that the defendant meets the conditions for compulsory medical treatment, it may directly make a decision on compulsory medical treatment. Before the people's court decides to impose compulsory medical treatment on a mentally ill patient who has committed violent acts, the public security organs may take temporary protective and restrictive measures.
In order to fully protect the rights of mentally ill patients subjected to compulsory medical treatment, the new Criminal Procedure Law also sets up legal aid and legal relief procedures in the trial process. It is stipulated that if the respondent or defendant has not appointed a litigation agent, the people's court shall notify the legal aid agency to designate a lawyer to provide legal aid. If a person who has been subject to compulsory medical treatment, the victim, his or her legal representative, or a close relative is dissatisfied with the decision on compulsory medical treatment, he or she may apply for review by the people's court at the next higher level. The People's Procuratorate shall supervise the decision and implementation of compulsory medical treatment.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 305: After trial by the people's court, the respondent or defendant shall be subject to mandatory If the patient has medical conditions, a decision on compulsory medical treatment shall be made within one month.
If a person who has been subject to compulsory medical treatment, the victim, his or her legal representative or a close relative is dissatisfied with the decision on compulsory medical treatment, he or she may apply for reconsideration to the people's court at the next higher level.