Procedural Regulation of Involuntary Hospitalization According to the Legal Order of the Czech Republic in Comparison with German Legislation

Abstract

Summary The article focuses on the analysis of the procedural arrangements of detention proceedings in the legal order of the Czech Republic and the Federal Republic of Germany. Special attention is paid to the systematic (conceptual) setting of the functioning of procedural adjustments, whose current form is a reflection of the shift or departure from the historical law ratio legis of civil health detention. The historical ratio legis then consists in the protection of the personal freedom of the mentally ill, who were taken into the institution for the insane against their will. Thus, the links between guardianship and detention should not be neglected in the design of procedural procedures. Both procedures should be closely linked. The aim of the article is to analyze the concept of procedural modifications of detention proceedings under German and Czech legislation, also in connection with partial differences within individual procedural law institutes. Special attention is paid to the mutual relation between detention proceedings and custody proceedings.