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French Code of Criminal Procedure

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Article D47-35 of the French Code of Criminal Procedure

November 6, 2023

The medical opinion referred to by Article 706-136-1 and by Article D. 47-34 consists of at least one psychiatric assessment ordered by the sentence enforcement judge. The sentence enforcement judge may, however, with the agreement of the public prosecutor, state by order or reasoned judgement that there is no need to order a new psychiatric assessment prior to a decision ordering an obligation to provide care if there is an…

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Article D47-36 of the French Code of Criminal Procedure

November 6, 2023

The sentence enforcement judge of the jurisdiction in which the person subject to an obligation of care under article 706-136-1 at his habitual residence, assisted by the prison integration and probation service, and where appropriate with the help of organisations authorised for this purpose, monitors compliance with this obligation. In the event of non-compliance with the obligation, the sentence enforcement judge will inform the public prosecutor, who will decide whether…

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Article D47-37-1 of the French Code of Criminal Procedure

November 6, 2023

In accordance with the provisions of article 706-139-1, where the investigating judge considers that there are sufficient charges against the person under investigation of having committed one of the offences provided for in articles 221-5-6,222-18-4 ou 222-26-2 of the Criminal Code, whether these qualifications were referred to when the investigation was opened or whether they were retained during the proceedings, it shall refer the case to the competent trial court…

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Article D47-37-2 of the French Code of Criminal Procedure

November 6, 2023

Outside the cases provided for by articles 706-139-1 and D. 47-37-1, where the examining magistrate considers that the temporary loss of discernment of the person under investigation is at least partly due to his or her own actions and that there are one or more expert reports concluding that his or her discernment was only impaired, he or she shall order, in accordance with the provisions of the second paragraph…

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Article D47-37-3 of the French Code of Criminal Procedure

November 6, 2023

When the trial court is seised pursuant to the second paragraph of Article 706-120 and article D. 47-37-2, its president shall order an expert report at least one month before the hearing in order to determine whether the person is in a fit state to appear in person and understand the proceedings, as well as to determine the arrangements for this appearance, and in particular whether recourse may be had…

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Article D47-37-4 of the French Code of Criminal Procedure

November 6, 2023

When the Assize Court is seised pursuant to the provisions of the second paragraph of Article 706-120, it shall, in accordance with the provisions of that paragraph, only rule in camera on the application of Article 122-1 of the Criminal Code. The experts who have examined the person, and in particular those who have given differing opinions, must be heard by the assize court, if necessary by means of telecommunication….

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Article D47-37-5 of the French Code of Criminal Procedure

November 6, 2023

In accordance with article 349-1, the Assize Court answers a question worded as follows: “Does the accused benefit, for the act of which he is accused, from the cause of irresponsibility provided for in the first paragraph of Article 122-1 of the Penal Code according to which a person who was suffering, at the time of the acts, from a psychic or neuropsychic disorder having abolished his discernment or the…

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Article D47-37-6 of the French Code of Criminal Procedure

November 6, 2023

If the assize court answers in the affirmative to the question provided for in Article D. 47-37-5, it must then rule on the following question: “Has the accused materially committed the act of which he is accused and for which he has been deemed not criminally responsible? “ If the court answers this question in the affirmative, Articles 706-130 and 706-131 providing that the Assize Court shall pronounce a judgment…

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Article D47-37-7 of the French Code of Criminal Procedure

November 6, 2023

If the assize court answers in the negative to the question provided for in article D. 47-37-5, it orders the accused to be transferred to a subsequent hearing of the Assize Court, which proceeds in the same way as in the case of a transfer ordered by the investigating court. This committal decision may not be appealed. If the accused was placed under a committal order, he shall remain detained…

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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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