Book IV: Some special procedures

During the reparation procedure, mediation, penal composition, appearance on prior recognition of guilt, the person may be assisted by his guardian or curator, if present, when appearing before the public prosecutor, his delegate or mediator, or before the magistrate in charge of validating or homologating the procedure.

Informing the curator or guardian of decisions to dismiss, acquit or convict as provided for in the fourth paragraph of Article 706-113 is made by registered letter or in accordance with the procedures set out in Article 803-1. The curator or guardian is informed by registered letter or in the manner provided by article 803-1, by the public prosecutor or his delegate, of the execution of a penal composition.

The magistrate hearing the case may refuse to issue or withdraw the access permit to the tutor or curator in the case provided for in Article 706-114, if that person is the victim of the offence or if there are plausible grounds for presuming that he or she is a co-perpetrator or accomplice in the offence.

In criminal and misdemeanour cases, as well as for fifth-class offences, the Public Prosecutor notifies the curator or guardian of the date and purpose of the hearing by registered letter or, in accordance with the procedures laid down by Article 803-1, at least ten days before the date of the hearing. The tutor or curator heard as a witness is required to take an oath in accordance with the provisions…

The medical expertise provided for by the purpose of Article 706-115 is to determine whether or not, at the time of the offence, the person concerned was suffering from a mental or neuropsychological disorder that had abolished or impaired his discernment or had abolished or impaired the control of his acts, in order to enable the court hearing the case to apply the provisions of Article 122-1 of the Penal…

This expert opinion is optional: 1° In the case of an alternative prosecution procedure consisting of reparation of the damage or mediation; 2° In the case of a criminal composition; 3° When the person is heard as an assisted witness. .

In criminal matters, if the evidence from the civil proceedings that led to the implementation of the legal protection measure, and in particular the medical certificates or expert reports contained therein, which were added to the criminal proceedings file at the request of the public prosecutor, the examining magistrate or the criminal court, sufficient information to assess whether or not the person concerned was suffering at the time of the…

The expert opinion provided for by article 706-115 may be entrusted to an expert psychiatrist or to a doctor on the list provided for by article 431 of the Civil Code. In both cases, the provisions of 9° of article R. 117 are then applicable.

When, in the event of an appeal, the Criminal Appeals Chamber finds that the accused has been tried without the expert examination provided for by Article 706-115 has been carried out, except in cases where it is optional or has been deemed unnecessary pursuant to the provisions of Articles D. 47-22 or D. 47-23, it orders that this expert opinion be carried out. The Chamber then refers the case to…

When, in the event of an appeal, the Criminal Appeals Chamber finds that the accused was tried without being assisted by a lawyer in accordance with the provisions of Article 706-116, its president shall arrange for a lawyer to be appointed by the President of the Bar, the person concerned being informed that the costs will be borne by him unless he meets the conditions for access to legal aid….