The security measures provided for in Article 706-136 may only be ordered by the court if it appears, at the time the decision is made and in view of the elements in the case file and in particular the expert opinion of the person concerned, that they are necessary to prevent a repetition of the acts committed by the person declared criminally irresponsible, to protect that person, to protect the…
The decision ordering one or more of the measures provided for in Article 706-137 is made either in the judgment of the Investigating Chamber or the judgment of the Criminal Court, or by a separate order. This order is then signed by the president of the court and the court clerk. When the judgement declaring the person not criminally responsible on account of mental disorder is handed down by the…
In accordance with the provisions of 11° bis of I of Article 23 of Law no. 2003-239 of 18 March 2003 for internal security, the public prosecutor shall inform the manager of the wanted persons file of bans imposed pursuant to l’article 706-136.
Where the person in respect of whom one or more of the measures provided for in Article 706-136 is involuntarily hospitalised, either pursuant to the provisions of Article L. 3213-1 of the Public Health Code, or pursuant to the provisions of Article 706-135 of this Code, the public prosecutor shall send the director of the establishment in which the person is hospitalised a document setting out these prohibitions. When the…
The public prosecutor or the public prosecutor shall notify the automated national criminal records department of judgments and rulings declaring that a person is not criminally responsible on account of mental disorder handed down by the investigating chamber and the trial courts in cases where the provisions of Article 706-136. In this case, when informed of the lifting of an involuntary hospitalisation in accordance with Article D. 47-30, the public…
When it issues a prohibition pursuant to the provisions of Article 706-136, the investigating chamber or the trial court may order, either in its decision or in a subsequent decision, that the declaration of lack of criminal responsibility on grounds of mental disorder will not be mentioned in bulletin no. 2 of the criminal record in accordance with the provisions of Article 775-1.
The obligation of care provided for, as a security measure, by Article 706-136-1 is ordered by a judgment made in accordance with l’article 712-6 before the date set for the release of the sentenced person.
This obligation to provide care may only be ordered if, at the time the decision is made, it appears from the information in the file and in particular the medical opinion concerning the convicted person in the circumstances mentioned in the second paragraph of Article 122-1 of the Criminal Code, that it is necessary to prevent a repetition of the acts committed by the convicted person, to protect him or…
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…
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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75001, Paris France
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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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