When the convicted person requests that the obligation to provide care be modified or lifted, the liberty and custody judge may only give a ruling after receiving the opinion of the sentence enforcement judge following the progress of the measure. .
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…
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…
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…
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….
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…
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…
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…
When the criminal court is seised pursuant to the provisions of the second paragraph of Article 706-120, it shall rule, in accordance with the provisions of this paragraph, only to 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 opposing opinions, must be heard by the court, if necessary by means…
By application of the provisions of Article 706-176, the judicial courts designated in the table below have jurisdiction to hear, in the districts defined in that table, the offences referred to in that article. COURTS jurisdiction TERRITORIAL JURISDICTION extending to the jurisdiction of the courts of appeal or the superior court of appeal of: Marseille Aix-en-Provence, Bastia, Chambéry, Grenoble, Lyon, Nîmes and Montpellier Paris Agen, Amiens, Angers, Basse-Terre, Besançon, Bordeaux,…
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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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