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French Code of Criminal Procedure

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Article 706-112-1 of the French Code of Criminal Procedure

November 7, 2023

When the information gathered while a person is in police custody reveals that he or she is the subject of a legal protection measure, the judicial police officer or agent shall notify the curator or guardian. If it is established that the person is covered by a legal protection measure, the officer or agent of the judicial police will, if necessary, notify the special representative appointed by the guardianship judge….

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Article 706-112-2 of the French Code of Criminal Procedure

November 7, 2023

When the evidence gathered in the course of proceedings concerning a crime or offence punishable by imprisonment reveals that a person who must be heard freely pursuant to article 61-1 is the subject of a legal protection measure, the officer or agent of the judicial police shall notify the curator or guardian by any means, who may appoint a lawyer or request that a lawyer be appointed by the President…

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Article 706-112-3 of the French Code of Criminal Procedure

November 7, 2023

When the information gathered in the course of a preliminary investigation reveals that a person whose home is to be searched is subject to a legal protection measure revealing that he or she is not in a position to exercise alone his or her right to oppose the carrying out of this operation, the officer shall notify by any means his or her curator or guardian, so that the person’s…

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Article 706-113 of the French Code of Criminal Procedure

November 7, 2023

Without prejudice to the application of articles 706-112-1 to 706-112-3, when the person is being prosecuted, the public prosecutor or investigating judge notifies the curator or guardian and the guardianship judge. The same applies if the person is the subject of an alternative to prosecution consisting of reparation of the damage or mediation, a penal composition or an appearance on prior recognition of guilt or if he is heard as…

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Article 706-114 of the French Code of Criminal Procedure

November 7, 2023

If there are plausible grounds for presuming that the curator or guardian is a co-perpetrator or accomplice to the offence, and in the absence of a subrogated curator or subrogated guardian, the public prosecutor or investigating judge shall ask the guardianship judge to appoint an ad hoc curator or guardian. The same applies if the tutor or curator is a victim of the offence. Failing this, the president of the…

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Article 706-116 of the French Code of Criminal Procedure

November 7, 2023

The person being prosecuted must be assisted by a lawyer. If the person being prosecuted or his curator or guardian fails to choose a lawyer, the public prosecutor or examining magistrate shall have a lawyer appointed by the President of the Bar, the person concerned being informed that the costs will be borne by him unless he meets the conditions for access to legal aid.

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Article 706-117 of the French Code of Criminal Procedure

November 7, 2023

The public prosecutor or investigating judge notifies the guardianship judge of proceedings concerning a person who has been found to be benefiting from a legal protection measure. The guardianship judge may then appoint a special agent who has, during the proceedings, the prerogatives conferred on the curator or guardian by article 706-113. These prerogatives are also granted to the future protection agent.

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Article 706-119 of the French Code of Criminal Procedure

November 7, 2023

If the investigating judge considers, when his investigation appears to be complete, that he is likely to apply the first paragraph of Article 122-1 of the Criminal Code relating to a person’s lack of criminal responsibility by reason of a mental disorder, he shall inform the Public Prosecutor when he communicates the case file to him and the parties when he notifies them, pursuant to I of Article 175 du…

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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396

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is a Registered Trademark of
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75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396

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