Involuntary hospitalization
Involuntary hospitalization is regulated both by the Civil Code and by Laws 2071/1992 and 2716/1999, and it is defined as “the admission and retention of a patient for treatment in a suitable Mental Health Unit without their consent.”
According to Article 95(2) of Law 2071/1992, the prerequisites for involuntary hospitalization are as follows:
a) The patient must suffer from a mental disorder.
b) The patient must be incapable of judging what is in their best health interest.
c) The lack of hospitalization must have worsened their condition or hospitalization must be necessary to prevent acts of violence against themselves or others.
This provision functions teleologically as a preventive measure to avert violent crimes by individuals with mental disorders.
Legal Framework
Under Law 2071/1992, the conditions for applying involuntary hospitalization include a diagnosed mental disorder combined with the presence of dangerousness to oneself or others. However, with the Oviedo Convention (Law 2619/98, Article 7), the second condition of dangerousness was abolished. Today, only the first condition, the existence of a mental disorder, remains valid. The same approach is followed by the Code of Medical Ethics (Law 3418/2005, Article 28(8)). Both the Oviedo Convention and the Code of Medical Ethics take precedence over Law 2071/1992.
Regarding psychiatric evaluations, these must be recent and must clearly explain the conditions that justify involuntary hospitalization:
a) The existence of a mental disorder.
b) The disorder must justify mandatory confinement.
c) The lawfulness of continuing involuntary hospitalization depends on the persistence of the disorder.
Since involuntary hospitalization is a serious measure that entails the deprivation of liberty, it is applied only when less restrictive measures have proven insufficient.
Initiation of the Process
An application for the involuntary hospitalization of the alleged patient may be submitted to the competent public prosecutor by:• Their spouse. • A relative in a direct line indefinitely or a relative up to the second degree in a collateral line. • The person responsible for their care. • The prosecutor themselves ex officio in urgent cases, provided no other person listed above exists.
Articles 95 and 96 of Law 2071/1992 outline the conditions for involuntary hospitalization and the procedure for admission to a Mental Health Unit.
Once the application is submitted to the prosecutor, the patient must be examined within 48 hours by two psychiatrists at the psychiatric hospital where they are transported by ambulance. If the prosecutor decides on the patient’s confinement, they must submit a request to the competent Court of First Instance within three days, which must address the case within ten days. Consequently, a court decision is required within 13 days following the prosecutor’s order for admission.
Practical Issues
Unfortunately, these strict and short deadlines are often not adhered to due to reasons such as court backlogs.
The abuse of this institution by judicial authorities has led to lawsuits against Greece at the European Court of Human Rights (ECHR), which has resulted in several convictions of the Greek state.
The Ombudsman and the Prosecutor of the Supreme Court, Athanasios Kontaxis (Opinion No. 12/2007), as well as the Supreme Court’s recent circular (No. 10/2021), have highlighted significant deficiencies in the institution.
According to Article 96(6), patients are entitled to defense: they are summoned to the hearing 48 hours in advance and may appear with a lawyer and a psychiatrist as a technical advisor. In cases of patient dangerousness, the deadlines may be shortened.
Appeals and objections against the court’s decision are permitted under civil procedure provisions. The objection may also be filed by the scientific director of the Mental Health Unit. These legal remedies must be exercised within two months of the decision’s publication. Appeals are heard by the three-member Court of Appeal in a closed session within 15 days of submission.
Challenges
Patients’ communication with their lawyers can be challenging due to restrictions on the lawyer’s access to the Mental Health Unit or limitations to remote communication.
Termination, Duration, and Conclusion of Involuntary Hospitalization
Involuntary hospitalization is terminated when the conditions of Article 95(2) are no longer met. In such cases, the scientific director of the psychiatric clinic must issue a discharge and notify the prosecutor accordingly.
The duration of involuntary hospitalization cannot exceed six months. After the first three months, the scientific director and another psychiatrist must submit a report to the prosecutor regarding the patient’s condition. The prosecutor may then request an extension or termination of hospitalization.
In exceptional cases, hospitalization beyond six months is possible only with the consent of a three-member committee of psychiatrists.
Critical Commentary
In Greece, the percentage of involuntary admissions is disproportionately high compared to the European average, ranging between 50-60% of total admissions, while in other European countries, it does not exceed 7-8%.
Reports by the Ombudsman reveal that most cases are tried without the patient’s presence, while proper notification of patients is frequently neglected. Legal remedies against decisions are rarely exercised.
This raises critical concerns about the protection of human rights, particularly the absence of mandatory legal representation and inadequate psychiatric care.
The Role of Economou & Economou Law Office in Athens Greece.
At Economou & Economou law office, we specialize in matters of involuntary hospitalization, providing expert legal assistance to safeguard the rights of patients. Our law office is among the best in Greece in the field of involuntary hospitalization according to Lawzana and has successfully handled numerous cases, including:
1. Preventing the involuntary hospitalization of a patient based on outdated psychiatric evaluations.
2. Achieving the early discharge of a hospitalized patient due to procedural irregularities.
3. Securing compensation for a client whose rights were violated during hospitalization.
For personalized legal assistance, contact Economou & Economou, the leading experts in Greece for involuntary hospitalization cases.
📧 Email: econlaw@live.com
📞 Phone: (+30) 2103603824
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