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Section 1: Provisions relating to the transfer of the person for trial on the merits or for trial on the application of article 122-1 of the Criminal Code

Article D47-37-1 of the French Code of Criminal Procedure

In accordance with the provisions of article 706-139-1, where the investigating judge considers that there are sufficient charges against the person under investigation of having committed one of the offences provided for in articles 221-5-6,222-18-4 ou 222-26-2 of the Criminal Code, whether these qualifications were referred to when the investigation was opened or whether they were retained during the proceedings, it shall refer the case to the competent trial court…

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Article D47-37-2 of the French Code of Criminal Procedure

Outside the cases provided for by articles 706-139-1 and D. 47-37-1, where the examining magistrate considers that the temporary loss of discernment of the person under investigation is at least partly due to his or her own actions and that there are one or more expert reports concluding that his or her discernment was only impaired, he or she shall order, in accordance with the provisions of the second paragraph…

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