210
ZGBCC
CH
CH
Art. 434 Codice civile svizzero (CC)
CC; Parte terza: Della protezione degli adulti; Titolo undicesimo: Delle misure ufficiali; Capo terzo: Del ricovero a scopo di assistenza; E. Provvedimenti medici in caso di turba psichica; II. Trattamento in assenza di consenso
Art. 434 CC
In assenza del consenso dell’interessato, il medico capo del reparto può ordinare per scritto i provvedimenti medici previsti nel piano terapeutico se: 1. l’omissione del trattamento espone a serio danno la salute dell’interessato o espone a serio pericolo la vita o l’integrità fisica di terzi; 2. l’interessato è incapace di discernimento riguardo alla necessità del trattamento; e 3. non vi è un altro provvedimento adeguato che sia meno incisivo.
La decisione è comunicata per scritto all’interessato e alla persona di fiducia con l’indicazione dei mezzi d’impugnazione.
Decisioni giudiziarie che applicano questa disposizione (343)
KES 2015 936 · be (Art. 434 Abs. 1 ZGB)
Voidness of Involuntary Treatment Order Due to Unauthorized Signature and Procedural Defect
The decision is based on the finding that the order for medical measures was not issued by the required authority (Chefarzt), violating the condition set forth in this article.
ZR1 2025 109 · gr (Art. 434 Abs. 1 ZGB)
Appeal of Involuntary Extended Medical Treatment Order Overruled Due to Discrepant Diagnoses
The appeal was upheld because the cumulative requirements for ordering treatment without consent under this article were not met (as detailed in considerations 4.4.1, 4.4.2, and 4.4.3).
PA250016 · zh (Art. 434 ZGB)
Appeal Regarding Involuntary Hospitalization and Medication for Schizoaffective Disorder
The appeal concerning compulsory medication was dismissed because the prerequisites for involuntary medical treatment under this article were found to be met.
UE230306 · zh (Art. 434 f. ZGB)
Review of Prosecutor's Dismissal of Unlawful Treatment Claims in Involuntary Commitment
Cited as the legal basis for involuntary confinement and coercive medical treatment in psychiatric facilities.
C/22380/2019 · ge (art. 434 al. 1 ch. 1 CC)
In Re: Guardianship and Involuntary Treatment of Elderly Person with Delusional Disorder
The court confirmed that treatment without consent was rightly ordered because the lack of treatment severely endangered the person's health.
C/22380/2019 · ge (art. 434 al. 1 ch. 2 CC)
In Re: Guardianship and Involuntary Treatment of Elderly Person with Delusional Disorder
The court confirmed the order for treatment without consent based on the finding that the appellant lacked the required capacity of discernment to grasp the necessity of the treatment.
C/22380/2019 · ge (art. 434 al. 1 ch. 3 CC)
In Re: Guardianship and Involuntary Treatment of Elderly Person with Delusional Disorder
The court found that no less rigorous measures were appropriate to safeguard the appellant's bodily integrity, justifying treatment without consent.
ZR1 2025 68 · gr (Art. 434 Abs. 1 ZGB)
Appeal Against Non-Consensual Psychiatric Treatment Order Dismissed
The court upheld the underlying decision based on the cumulative fulfillment of the conditions set out in this article for ordering treatment without consent.
PA250014 · zh (Art. 434 ZGB)
Involuntary Commitment and Medication Appeal
This provision governs medical treatment without consent, which the court upheld in order 2.
C/17221/2004 · ge (art. 434 al. 1 CC)
Appellant's Curatorship and Involuntary Treatment Upheld
This provision, concerning the prescription of medical care without consent, was used to reject the appeal concerning the medical decision for treatment without consent.
C/22450/2011 · ge (art. 434 al. 1 ch. 1 CC)
Involuntary Treatment Upheld for Patient Lacking Capacity
Cited as the legal basis justifying the decision to enforce medical treatment without consent because the lack of treatment gravely endangers the person's health.
C/22450/2011 · ge (art. 434 al. 1 ch. 2 CC)
Involuntary Treatment Upheld for Patient Lacking Capacity
Cited as the legal basis justifying the decision to enforce medical treatment without consent because the person lacks the required capacity to appreciate the necessity of the treatment.
C/22450/2011 · ge (art. 434 al. 1 ch. 3 CC)
Involuntary Treatment Upheld for Patient Lacking Capacity
Cited as the legal basis justifying the decision to enforce medical treatment without consent because no less rigorous measure exists.
PA250004 · zh (Art. 434 ZGB)
Incapacitated Individual Placement and Medical Treatment Authorization Review
This article provided the legal basis for the partial granting of the appeal, ordering the KZU to issue a formal treatment plan and order for medical measures without consent.
PA250002 · zh (Art. 434 ZGB)
No Forced Medication Due to Lack of Coercion
The court considered the definition of a formal order for forced medication to determine if such an order existed.