Title XXVII: Prosecution, investigation and trial of offences committed by protected adults

Where the tutor, curator or substitute decision-maker is notified pursuant to Article 706-112-1, he is informed, if these rights have not already been exercised: 1° that he or she may appoint a lawyer or request that a lawyer be appointed by the President of the Bar; 2° that he or she may request that the person be examined by a doctor; Where the guardian, curator or substitute decision-maker has been…

The provisions of articles 706-113 to 706-117 and the articles of this title are applicable to the criminal proceedings referred to in these articles only where the evidence gathered in the course of these proceedings shows that the person is the subject of a legal protection measure under the conditions set out in Title XI of Book I of the Civil Code. If the elements of the proceedings reveal a…

Unless it is carried out at the time of his or her hearing as a witness by way of a record during the investigation or enquiry, the information of the guardian or curator provided for by the first paragraph of Article 706-113 is made by registered letter or in the manner provided by Article 803-1. In urgent cases, it may be made by any means.

During the investigation, the guardian or curator may only obtain a copy of the case file through the intermediary of the lawyer of the person under investigation or assisted witness, in accordance with the provisions of the articles 114 and 114-1. When the person is summoned or referred to the trial court, or the alternative reparation or mediation procedure or the penal composition procedure is applied, the guardian or curator…

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. .