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 in accordance with the procedures laid down in Articles 179 or 181 of this Code, after first declaring the person not criminally responsible for the acts committed as a result of their voluntary consumption of psychoactive substances.
Where the investigating judge considers that there are sufficient charges against the person under investigation of having committed the offences of which he or she is accused in the circumstances provided for in the Article 122-1-1 of the Criminal Code, it shall refer the person charged for these offences to the competent trial court in accordance with the procedures set out in Articles 179 or 181 of this Code.
The provisions of the two preceding paragraphs apply even if there are one or more expert reports in the proceedings concluding that the person’s discernment was merely impaired.
The provisions of the two preceding paragraphs apply even if there are one or more expert reports in the proceedings concluding that the person’s discernment was merely impaired.