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

This Title applies to any person of full age who is established in the course of the proceedings to be the subject of a legal protection measure under the conditions laid down in Title XI of Book I of the civil code.

When the information gathered while a person is in police custody reveals that he or she is the subject of a legal protection measure, the judicial police officer or agent shall notify the curator or guardian. If it is established that the person is covered by a legal protection measure, the officer or agent of the judicial police will, if necessary, notify the special representative appointed by the guardianship judge….

When the evidence gathered in the course of proceedings concerning a crime or offence punishable by imprisonment reveals that a person who must be heard freely pursuant to article 61-1 is the subject of a legal protection measure, the officer or agent of the judicial police shall notify the curator or guardian by any means, who may appoint a lawyer or request that a lawyer be appointed by the President…

When the information gathered in the course of a preliminary investigation reveals that a person whose home is to be searched is subject to a legal protection measure revealing that he or she is not in a position to exercise alone his or her right to oppose the carrying out of this operation, the officer shall notify by any means his or her curator or guardian, so that the person’s…

Without prejudice to the application of articles 706-112-1 to 706-112-3, when the person is being prosecuted, the public prosecutor or investigating judge notifies the curator or guardian and the guardianship judge. The same applies if the person is the subject of an alternative to prosecution consisting of reparation of the damage or mediation, a penal composition or an appearance on prior recognition of guilt or if he is heard as…

If there are plausible grounds for presuming that the curator or guardian is a co-perpetrator or accomplice to the offence, and in the absence of a subrogated curator or subrogated guardian, the public prosecutor or investigating judge shall ask the guardianship judge to appoint an ad hoc curator or guardian. The same applies if the tutor or curator is a victim of the offence. Failing this, the president of the…

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.