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Article 706-120 of the French Code of Criminal Procedure

When, at the time of the settlement of his information, the investigating judge considers, after having established that there are sufficient charges against the person under investigation for having committed the alleged acts, that there are plausible reasons for applying the first paragraph of article 122-1 of the Criminal Code, it shall order, if the Public Prosecutor or a party has so requested, that the case file be forwarded by…

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Article 706-121 of the French Code of Criminal Procedure

The order of criminal irresponsibility on grounds of mental disorder puts an end to pre-trial detention or judicial supervision. The order for the transmission of documents issued pursuant to Article 706-120 does not terminate pre-trial detention or judicial supervision, which continues until the hearing of the investigating chamber, without prejudice to the possibility for the investigating judge, by separate order, to order release or the lifting of judicial supervision. If…

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Article 706-122 of the French Code of Criminal Procedure

Where a case is referred to the Investigating Chamber pursuant to Article 706-120, its president shall order, either of his or her own motion or at the request of the civil party, the public prosecutor or the person under investigation, the personal appearance of the latter if his or her condition so permits, after having, if necessary, ordered a psychiatric examination to update the expert reports in the file. If…

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Article 706-124 of the French Code of Criminal Procedure

If it considers that there are sufficient charges against the person under investigation for having committed the acts of which he or she is accused and that the first paragraph of Article 122-1 of the Criminal Code is not applicable, the Investigating Chamber shall order that the person be referred to the competent trial court.

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Article 706-125 of the French Code of Criminal Procedure

In other cases, the Investigating Chamber issues a judgment declaring the person not criminally responsible on the grounds of mental disorder by which: 1° It declares that there are sufficient charges against the person for having committed the acts of which he or she is accused; 2° It declares the person not criminally responsible on account of a psychic or neuropsychic disorder that has abolished his or her discernment or…

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Article 706-128 of the French Code of Criminal Procedure

Articles 706-122 à 706-127 are applicable before the Investigating Chamber in the event of an appeal against an order of lack of criminal responsibility on grounds of mental disorder or in the event of an appeal against a committal order when this appeal is lodged by an accused person who invokes the application of the first paragraph of article 122-1 of the Penal Code.

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Article 706-129 of the French Code of Criminal Procedure

Where, pursuant to articles 349-1 and 361-1, the Assize Court has, in the course of its deliberations, answered in the affirmative the first question relating to the commission of the acts and in the affirmative the second question relating to the application of the first paragraph of article 122-1 of the Penal Code, it declared the accused not criminally responsible on the grounds of mental disorder.

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