Chapter I: Provisions applicable before the Examining Magistrate and the Examining Chamber

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.

In other cases, the Investigating Chamber issues a judgment declaring the person not criminally responsible on the grounds of mental disorder by which: 1° It declares that there are sufficient charges against the person for having committed the acts of which he or she is accused; 2° It declares the person not criminally responsible on account of a psychic or neuropsychic disorder that has abolished his or her discernment or…

The ruling declaring that a person is not criminally irresponsible on grounds of mental disorder puts an end to pre-trial detention or judicial supervision. It may be appealed to the Supreme Court.

Articles 211 to 218 are applicable to the decisions provided for in articles 706-123 à 706-125.

Articles 706-122 à 706-127 are applicable before the Investigating Chamber in the event of an appeal against an order of lack of criminal responsibility on grounds of mental disorder or in the event of an appeal against a committal order when this appeal is lodged by an accused person who invokes the application of the first paragraph of article 122-1 of the Penal Code.