Chapter II: Provisions applicable before the criminal court or the assize court

Where, pursuant to articles 349-1 and 361-1, the Assize Court has, in the course of its deliberations, answered in the affirmative the first question relating to the commission of the acts and in the affirmative the second question relating to the application of the first paragraph of article 122-1 of the Penal Code, it declared the accused not criminally responsible on the grounds of mental disorder.

When the assize court returns to the courtroom pursuant to Article 366, the president shall pronounce a judgment declaring the person not criminally responsible on account of mental disorder. This ruling puts an end to pre-trial detention or judicial supervision.

In application of Article 371 of this Code and in accordance with Article 414-3 of the Civil Code, the court, without the assistance of the jury, then rules on the claims for damages made by the civil party. If appropriate, it shall order one or more of the security measures provided for in Chapter III of this Title.

The public prosecutor may appeal against judgments declaring a person not criminally responsible on account of mental disorder. The assize court ruling on the appeal is then designated in accordance with articles 380-14 and 380-15. The accused and the civil party may appeal against the decision on the civil action. The appeal is then brought before the Criminal Appeals Chamber, in accordance with article 380-5.