Who?
The decision on whether to cancel or to continue a compulsory placement must be made by the court which has control over the decision on the compulsory placement. In Bulgaria, this is the court in the region where the hospital is located.
Time
The decision about whether the compulsory placement is still necessary has to be made speedily. However, the Criminal Procedure Code in Bulgaria does not specify anything about the time limits in this proceeding apart from the fact that the court is obliged to schedule a hearing 3 days after it receives prosecutor’s motion for compulsory placement
Reasoned decision
The court has to examine all the facts that would speak for and against your compulsory placement. It is obliged to hear the opinion of the hospital staff where you are treated and an expert psychiatrist’s assessment conclusion. Тhe grounds for why your compulsory placement will be continued (in case it is) must be very clearly explained and especially why this is necessary in your case. The longer the compulsory placement has been, the more thorough and well founded the reasons for prolonging it should be.
Appeal
You have the right to appeal the decision. In this case, you should submit the appeal if you believe that the problem with the decision is related to the law applied or the legal reasoning. This is called cassation. The appeal procedure is explained in the Criminal Procedure Code. It is very important to observe the time limits allowed for appeals. In this case the time limit is 7 days.
Resubmission
If the court has made a decision to continue the compulsory placement, a new prosecutor’s motion for review can be submitted whenever your condition has changed and does not require treatment. In any case the court is obliged to review your compulsory treatment ex officio every six months.
What human rights violation may there be?
If your involuntary placement review process did not comply with the given procedural requirements, it may result in a violation of the right to the liberty and security of a person.