When the assize court returns to the courtroom pursuant to Article 366, the president shall pronounce a judgment declaring the person not criminally responsible on account of mental disorder. This ruling puts an end to pre-trial detention or judicial supervision.
In application of Article 371 of this Code and in accordance with Article 414-3 of the Civil Code, the court, without the assistance of the jury, then rules on the claims for damages made by the civil party. If appropriate, it shall order one or more of the security measures provided for in Chapter III of this Title.
The public prosecutor may appeal against judgments declaring a person not criminally responsible on account of mental disorder. The assize court ruling on the appeal is then designated in accordance with articles 380-14 and 380-15. The accused and the civil party may appeal against the decision on the civil action. The appeal is then brought before the Criminal Appeals Chamber, in accordance with article 380-5.
If it considers that the provisions of the first paragraph of Article 122-1 of the Penal Code are applicable, the criminal court shall render a judgment declaring the person not criminally responsible on account of mental disorder by which: 1° It declares that the person committed the acts of which he or she was accused; 2° It declares the person not criminally responsible on the grounds of a psychic or…
The provisions of Article 706-133 are applicable before the Criminal Appeals Chamber. They are also applicable, with the exception of 4°, before the Police Court.
Without prejudice to the application of articles L. 3213-1 and L. 3213-7 of the Public Health Code, when the investigating chamber or a trial court issues a judgment or ruling declaring a person to be criminally irresponsible on account of mental disorder, it may order, by reasoned decision, that the person be admitted to psychiatric care, in the form of full hospitalisation in an establishment mentioned in article L. 3222-1…
When the investigating chamber or a trial court hands down a judgment or ruling declaring a person not criminally responsible on account of mental disorder, it may order the following security measures against the person, for a period that it shall determine and that may not exceed ten years in criminal cases and twenty years if the acts committed constitute a felony or misdemeanour punishable by ten years’ imprisonment: 1°…
When a person convicted in the circumstances mentioned in the second paragraph of Article 122-1 of the Penal Code has not been sentenced to socio-judicial supervision, the sentence enforcement judge may order, on the release of this person, if his condition justifies it and after medical advice, an obligation of care for a period that he fixes and which may not exceed five years in criminal matters or ten years…
The person who is the subject of a measure ordered pursuant to articles 706-136 or 706-136-1 may ask the liberty and custody judge in the place where the hospital is located or where they live to order that the order be modified or lifted. The judge rules in chambers on the submissions of the public prosecutor, after hearing the applicant or his lawyer or duly summoning them. The court may…
Where the prohibition provided for in 1° of Article 706-136 is imposed, the civil party may request to be informed by the public prosecutor of the lifting of the hospitalisation to which that person may have been subject pursuant to Articles L. 3213-1 and L. 3213-7 of the Public Health Code. The civil party may, at any time, indicate to the public prosecutor that it is withdrawing this request.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
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
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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