Chapter III: Security measures that may be ordered in the event of a declaration of lack of criminal responsibility on grounds of mental disorder or in the event of recognition of impairment of judgement

Without prejudice to the application of articles L. 3213-1 and L. 3213-7 of the Public Health Code, when the investigating chamber or a trial court issues a judgment or ruling declaring a person to be criminally irresponsible on account of mental disorder, it may order, by reasoned decision, that the person be admitted to psychiatric care, in the form of full hospitalisation in an establishment mentioned in article L. 3222-1…

When the investigating chamber or a trial court hands down a judgment or ruling declaring a person not criminally responsible on account of mental disorder, it may order the following security measures against the person, for a period that it shall determine and that may not exceed ten years in criminal cases and twenty years if the acts committed constitute a felony or misdemeanour punishable by ten years’ imprisonment: 1°…

When a person convicted in the circumstances mentioned in the second paragraph of Article 122-1 of the Penal Code has not been sentenced to socio-judicial supervision, the sentence enforcement judge may order, on the release of this person, if his condition justifies it and after medical advice, an obligation of care for a period that he fixes and which may not exceed five years in criminal matters or ten years…

The person who is the subject of a measure ordered pursuant to articles 706-136 or 706-136-1 may ask the liberty and custody judge in the place where the hospital is located or where they live to order that the order be modified or lifted. The judge rules in chambers on the submissions of the public prosecutor, after hearing the applicant or his lawyer or duly summoning them. The court may…

Where the prohibition provided for in 1° of Article 706-136 is imposed, the civil party may request to be informed by the public prosecutor of the lifting of the hospitalisation to which that person may have been subject pursuant to Articles L. 3213-1 and L. 3213-7 of the Public Health Code. The civil party may, at any time, indicate to the public prosecutor that it is withdrawing this request.

The disregard by the person who has been the subject of the prohibitions provided for in Article 706-136 or the obligation of care provided for in l’article 706-136-1 is punishable, subject to the provisions of the first paragraph of Article 122-1 of the Criminal Code, to two years’ imprisonment and a fine of €30,000.