Section 2: Provisions applicable in the event of referral to trial solely on the basis of Article 122-1 of the Criminal Code

When the Assize Court is seised pursuant to the provisions of the second paragraph of Article 706-120, it shall, in accordance with the provisions of that paragraph, only rule in camera on the application of Article 122-1 of the Criminal Code. The experts who have examined the person, and in particular those who have given differing opinions, must be heard by the assize court, if necessary by means of telecommunication….

In accordance with article 349-1, the Assize Court answers a question worded as follows: “Does the accused benefit, for the act of which he is accused, from the cause of irresponsibility provided for in the first paragraph of Article 122-1 of the Penal Code according to which a person who was suffering, at the time of the acts, from a psychic or neuropsychic disorder having abolished his discernment or the…

If the assize court answers in the affirmative to the question provided for in Article D. 47-37-5, it must then rule on the following question: “Has the accused materially committed the act of which he is accused and for which he has been deemed not criminally responsible? “ If the court answers this question in the affirmative, Articles 706-130 and 706-131 providing that the Assize Court shall pronounce a judgment…

If the assize court answers in the negative to the question provided for in article D. 47-37-5, it orders the accused to be transferred to a subsequent hearing of the Assize Court, which proceeds in the same way as in the case of a transfer ordered by the investigating court. This committal decision may not be appealed. If the accused was placed under a committal order, he shall remain detained…