Where, pursuant to Article 351 of this Code, the question of the application of the first paragraph of Article 122-1 of the Criminal Code in relation to an accused charged with murder, assassination, torture or acts of barbarism, violence or rape, the President asked the subsidiary question relating to the qualifications provided for in Articles 221-5-6,222-18-4or 222-26-2 of the same code if it appears that the abolition of the person’s discernment or control over their actions is likely to result from the voluntary consumption of psychoactive substances.