

Can compulsory treatment make sense?
H. FORTUIT (Sallanches)
Summary:
Some so-called ''patients'' come to a doctor's practice or to a health care
centre and demand to be treated on the basis of the ''compulsory treatment''
stipulated in legal texts. Numerous legal texts stipulate that care must be
granted to individuals who do not ask for it, hence the advent of a new therapeutic
relation where a third-party authority intervenes between the patient and the
doctor. The compulsory treatment is the opposite of a traditional doctor-patient
relationship since an administrative or legal authority proposes to the patient
an alternative solution that includes a sanction that can be avoided if treatment
is provided (Article of Law dated 1954, Article of Law dated 1970, obligations
of treatment as stipulated in Article 58 of the Criminal Law Procedure and Article
132-45 of the new Law Procedure. The sentenced subject remains free to choose
the doctor and the treatment centre. The author discusses the practical implications
of this compulsory treatment, the questions it raises from both a theoretical
and a practical point of view. Within that framework, medical and psychological
care only represent one of numerous means to prevent subsequent crimes. These
provisions, apparently contrary, call for a reflection on our role within such
a system, raise the issue of their complementarity, and of their potential for
articulation and operation.