Chapter IV: Care that may be ordered in the event of a mental disorder that has impaired discernment

The obligation of care provided for, as a security measure, by Article 706-136-1 is ordered by a judgment made in accordance with l’article 712-6 before the date set for the release of the sentenced person.

This obligation to provide care may only be ordered if, at the time the decision is made, it appears from the information in the file and in particular the medical opinion concerning the convicted person in the circumstances mentioned in the second paragraph of Article 122-1 of the Criminal Code, that it is necessary to prevent a repetition of the acts committed by the convicted person, to protect him or…

The medical opinion referred to by Article 706-136-1 and by Article D. 47-34 consists of at least one psychiatric assessment ordered by the sentence enforcement judge. The sentence enforcement judge may, however, with the agreement of the public prosecutor, state by order or reasoned judgement that there is no need to order a new psychiatric assessment prior to a decision ordering an obligation to provide care if there is an…

The sentence enforcement judge of the jurisdiction in which the person subject to an obligation of care under article 706-136-1 at his habitual residence, assisted by the prison integration and probation service, and where appropriate with the help of organisations authorised for this purpose, monitors compliance with this obligation. In the event of non-compliance with the obligation, the sentence enforcement judge will inform the public prosecutor, who will decide whether…

When the convicted person requests that the obligation to provide care be modified or lifted, the liberty and custody judge may only give a ruling after receiving the opinion of the sentence enforcement judge following the progress of the measure. .