When the judicial authorities consider that the mental state of a person who has benefited, on the basis of the first paragraph of article 122-1 of the French Criminal Code, from a decision to discontinue proceedings, a decision that the person is not criminally irresponsible or a judgment or ruling declaring that the person is not criminally irresponsible requires care and compromises the safety of individuals or seriously undermines public order, they shall immediately notify the commission mentioned in article L. 3222-5 of this code as well as the representative of the State in the département, who will immediately order the production of a detailed medical certificate relating to the patient’s current condition. In the light of this certificate, the State representative may order an admission to psychiatric care under the conditions defined in article L. 3213-1. However, if the person concerned is already the subject of a psychiatric care measure pursuant to the same article L. 3213-1, the production of this certificate is not required in order to change the basis of the current measure.
For all practical purposes, the State Prosecutor informs the representative of the State in the département of his or her requests, as well as the dates of hearings and decisions rendered.
If the condition of the person referred to in the first paragraph so permits, he or she will be informed by the judicial authorities of the notice given to him or her and of any action taken by the representative of the State in the département. This information is sent by any means appropriate to the person’s condition.
The notice referred to in the first paragraph indicates whether the proceedings concern acts punishable by at least five years’ imprisonment in the case of offences against persons or at least ten years’ imprisonment in the case of offences against property. In this case, the person is also informed of the conditions under which the psychiatric care measure may be terminated in application of articles L. 3211-12, L. 3211-12-1 and L. 3213-8.