Prior to any judgment on the merits, the person prosecuted must undergo a medical examination to assess their criminal liability at the time of the offence.
The person being prosecuted must be assisted by a lawyer. If the person being prosecuted or his curator or guardian fails to choose a lawyer, the public prosecutor or examining magistrate shall have a lawyer 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.
The public prosecutor or investigating judge notifies the guardianship judge of proceedings concerning a person who has been found to be benefiting from a legal protection measure. The guardianship judge may then appoint a special agent who has, during the proceedings, the prerogatives conferred on the curator or guardian by article 706-113. These prerogatives are also granted to the future protection agent.
Where necessary, a decree shall lay down the detailed rules for the application of this Title.
If the investigating judge considers, when his investigation appears to be complete, that he is likely to apply the first paragraph of Article 122-1 of the Criminal Code relating to a person’s lack of criminal responsibility by reason of a mental disorder, he shall inform the Public Prosecutor when he communicates the case file to him and the parties when he notifies them, pursuant to I of Article 175 du…
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 order of criminal irresponsibility on grounds of mental disorder puts an end to pre-trial detention or judicial supervision. The order for the transmission of documents issued pursuant to Article 706-120 does not terminate pre-trial detention or judicial supervision, which continues until the hearing of the investigating chamber, without prejudice to the possibility for the investigating judge, by separate order, to order release or the lifting of judicial supervision. If…
Where a case is referred to the Investigating Chamber pursuant to Article 706-120, its president shall order, either of his or her own motion or at the request of the civil party, the public prosecutor or the person under investigation, the personal appearance of the latter if his or her condition so permits, after having, if necessary, ordered a psychiatric examination to update the expert reports in the file. If…
If it considers that there are not sufficient charges against the person under investigation for having committed the acts of which he is accused, the investigating chamber declares that there are no grounds to proceed.
If it considers that there are sufficient charges against the person under investigation for having committed the acts of which he or she is accused and that the first paragraph of Article 122-1 of the Criminal Code is not applicable, the Investigating Chamber shall order that the person be referred to the competent trial court.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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