When an investigation is referred to the investigating judge on the basis of articles 221-5-6,222-18-4or 222-26-2 of the Criminal Code and decides to refer the person under investigation to the trial court on the basis of these offences, it is required, in its settlement order, to declare in advance, pursuant to the first paragraph of Article 122-1 of the same code, that she is not criminally responsible for acts committed as a result of her voluntary consumption of psychoactive substances.