Section 2: Other security measures

The security measures provided for in Article 706-136 may only be ordered by the court if it appears, at the time the decision is made and in view of the elements in the case file and in particular the expert opinion of the person concerned, that they are necessary to prevent a repetition of the acts committed by the person declared criminally irresponsible, to protect that person, to protect the…

The decision ordering one or more of the measures provided for in Article 706-137 is made either in the judgment of the Investigating Chamber or the judgment of the Criminal Court, or by a separate order. This order is then signed by the president of the court and the court clerk. When the judgement declaring the person not criminally responsible on account of mental disorder is handed down by the…

In accordance with the provisions of 11° bis of I of Article 23 of Law no. 2003-239 of 18 March 2003 for internal security, the public prosecutor shall inform the manager of the wanted persons file of bans imposed pursuant to l’article 706-136.

Where the person in respect of whom one or more of the measures provided for in Article 706-136 is involuntarily hospitalised, either pursuant to the provisions of Article L. 3213-1 of the Public Health Code, or pursuant to the provisions of Article 706-135 of this Code, the public prosecutor shall send the director of the establishment in which the person is hospitalised a document setting out these prohibitions. When the…

The public prosecutor or the public prosecutor shall notify the automated national criminal records department of judgments and rulings declaring that a person is not criminally responsible on account of mental disorder handed down by the investigating chamber and the trial courts in cases where the provisions of Article 706-136. In this case, when informed of the lifting of an involuntary hospitalisation in accordance with Article D. 47-30, the public…

When it issues a prohibition pursuant to the provisions of Article 706-136, the investigating chamber or the trial court may order, either in its decision or in a subsequent decision, that the declaration of lack of criminal responsibility on grounds of mental disorder will not be mentioned in bulletin no. 2 of the criminal record in accordance with the provisions of Article 775-1.