Unless it is carried out at the time of his or her hearing as a witness by way of a record during the investigation or enquiry, the information of the guardian or curator provided for by the first paragraph of Article 706-113 is made by registered letter or in the manner provided by Article 803-1. In urgent cases, it may be made by any means.
During the investigation, the guardian or curator may only obtain a copy of the case file through the intermediary of the lawyer of the person under investigation or assisted witness, in accordance with the provisions of the articles 114 and 114-1. When the person is summoned or referred to the trial court, or the alternative reparation or mediation procedure or the penal composition procedure is applied, the guardian or curator…
During the reparation procedure, mediation, penal composition, appearance on prior recognition of guilt, the person may be assisted by his guardian or curator, if present, when appearing before the public prosecutor, his delegate or mediator, or before the magistrate in charge of validating or homologating the procedure.
Informing the curator or guardian of decisions to dismiss, acquit or convict as provided for in the fourth paragraph of Article 706-113 is made by registered letter or in accordance with the procedures set out in Article 803-1. The curator or guardian is informed by registered letter or in the manner provided by article 803-1, by the public prosecutor or his delegate, of the execution of a penal composition.
The magistrate hearing the case may refuse to issue or withdraw the access permit to the tutor or curator in the case provided for in Article 706-114, if that person is the victim of the offence or if there are plausible grounds for presuming that he or she is a co-perpetrator or accomplice in the offence.
In criminal and misdemeanour cases, as well as for fifth-class offences, the Public Prosecutor notifies the curator or guardian of the date and purpose of the hearing by registered letter or, in accordance with the procedures laid down by Article 803-1, at least ten days before the date of the hearing. The tutor or curator heard as a witness is required to take an oath in accordance with the provisions…
The medical expertise provided for by the purpose of Article 706-115 is to determine whether or not, at the time of the offence, the person concerned was suffering from a mental or neuropsychological disorder that had abolished or impaired his discernment or had abolished or impaired the control of his acts, in order to enable the court hearing the case to apply the provisions of Article 122-1 of the Penal…
This expert opinion is optional: 1° In the case of an alternative prosecution procedure consisting of reparation of the damage or mediation; 2° In the case of a criminal composition; 3° When the person is heard as an assisted witness. .
In criminal matters, if the evidence from the civil proceedings that led to the implementation of the legal protection measure, and in particular the medical certificates or expert reports contained therein, which were added to the criminal proceedings file at the request of the public prosecutor, the examining magistrate or the criminal court, sufficient information to assess whether or not the person concerned was suffering at the time of the…
The expert opinion provided for by article 706-115 may be entrusted to an expert psychiatrist or to a doctor on the list provided for by article 431 of the Civil Code. In both cases, the provisions of 9° of article R. 117 are then applicable.
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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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