1When the person who must be arrested is mentally ill and by this reason his capacity to understand or express his/her will is totally lost or diminished, the court, in lieu of the precautionary detention in prison, may order his/her temporary accommodation in a psychiatric institution, establishing the necessary measures to prevent his/her escape.
2Hospitalisation may not continue when it results that the defendant is no longer mentally ill.
3Provisions of paragraph 2, of Article 238 of this Code shall apply.