When, in the event of an appeal, the Criminal Appeals Chamber finds that the accused has been tried without the expert examination provided for by Article 706-115 has been carried out, except in cases where it is optional or has been deemed unnecessary pursuant to the provisions of Articles D. 47-22 or D. 47-23, it orders that this expert opinion be carried out. The Chamber then refers the case to…
When, in the event of an appeal, the Criminal Appeals Chamber finds that the accused was tried without being assisted by a lawyer in accordance with the provisions of Article 706-116, its president shall arrange for a lawyer to be 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….
If the mental disorder of a person under investigation and remanded in custody requires care and compromises the safety of individuals or seriously undermines public order, the public prosecutor, in accordance with the provisions of article L. 3213-7 of the Public Health Code, informs the representative of the State in the department: 1° When he/she makes a final indictment seeking an order of lack of criminal responsibility on grounds of…
Where a case is referred to the Investigating Chamber pursuant to Article 706-120 when the person under investigation has been involuntarily hospitalised, the president of that court shall request from the director of the host establishment the transmission of a detailed medical certificate, drawn up by one or more psychiatrists of the establishment, indicating whether or not the person’s condition allows him or her to appear in person during all…
During the hearing of the Investigating Chamber provided for by Article 706-122, experts and witnesses may be heard using a means of telecommunication, in accordance with the provisions of l’article 706-71.
An appeal by the accused or the civil party against the decision on the civil action made pursuant to 3° of Article 706-125 shall be brought before the Criminal Appeals Chamber of the Court of Appeal.
When the investigating chamber or a trial court decides, in accordance with Article 706-135 of this code, to involuntarily hospitalise the person in an establishment mentioned in article L. 3222-1 of the Public Health Code, it shall make a reasoned order to this end as soon as it has handed down the judgment or ruling declaring the person not criminally irresponsible on account of mental disorder. This order is signed…
An order for involuntary hospitalisation made pursuant to article 706-135 of this code is immediately enforceable, without prejudice to the possibility of referring the matter to the liberty and custody judge in accordance with the provisions of l’article L. 3211-12 of the Public Health Code in order to terminate the hospitalisation. On pain of inadmissibility, this order may only be appealed or appealed to the Supreme Court at the same…
To allow the immediate application of the order provided for by articles D. 47-29 and D. 47-29-1, the public prosecutor shall inform the State representative or, in Paris, the police prefect in advance of hearings at which the investigating chamber or the trial court is likely to order involuntary hospitalisation in accordance with the provisions of l’article 706-135. The fact that the investigating chamber or the trial court does not…
In accordance with the provisions of article 706-135 of this code, the regime for involuntary hospitalisation ordered by a court pursuant to this article is, with regard to the conditions for lifting and extending this measure, identical to that for hospitalisation ordered by the State representative pursuant to articles L. 3213-1 and L. 3213-7 of the Public Health Code with regard to a person declared criminally irresponsible due to a…
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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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