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Article

French

ID: <

10670/1.djspqn

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Where these data come from
When justice requires care

Abstract

`titrebSummary`/titreb Courts can impose medical or psychiatric treatment to young and grown-up offenders as well as to children at risk and their parents. According to the situation, compulsory treatment can therefore be ordered by courts, either to prevent a subsequent offence or to protect a child. Such decision is also an opportunity for children to take advantage of a psychiatric treatment that otherwise they would not have had. It is also an alternative solution to the assignment of a child to a special institution, away from his family, and to the imprisonment of the offenders. This article describes the legal framework of compulsory medical or psychiatric treatment imposed by courts in France, how judges, doctors and psychologists work together in respect of the law, and the practical difficulties they meet. Under a penal perspective, this article gives a broad view about therapist injunction for drugs dealers, the care treatment obligation following a judicial supervising or a probation period, as well as therapist injunction following sexual offences. With regards to the child protection, assignment to a psychiatric hospital and maintaining a child with his family under specific conditions, raise ethical issues.

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