When, at the time of the settlement of his information, the investigating judge considers, after having established that there are sufficient charges against the person under investigation for having committed the alleged acts, that there are plausible reasons for applying the first paragraph of article 122-1 of the Criminal Code, it shall order, if the Public Prosecutor or a party has so requested, that the case file be forwarded by the Public Prosecutor to the Attorney General for referral to the Investigating Chamber. He may also order such transmission of his own motion.
Where the examining magistrate, at the time of the settlement of his investigation, considers that the temporary loss of discernment of the person under investigation is at least partly due to his own actions and that there are one or more expert reports concluding that the person’s discernment was only impaired, he shall refer the person to the competent trial court, which shall rule in camera on the application of the same article 122-1 ; if the person is not declared criminally irresponsible, the case is referred to a subsequent hearing to be examined on the merits in accordance with the provisions relating to the trial of felonies or misdemeanours.
In other cases, the court issues an order declaring the person not criminally irresponsible on the grounds of mental disorder, stating that there are sufficient charges establishing that the person concerned committed the acts of which he or she is accused.
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