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 of Article 706-120, the transfer of the person to the competent trial court for a decision to be made in camera on the sole application of the Article 122-1 of the Criminal Code, in accordance with the procedures specified in Section II of this chapter.
If the person is subject to a security measure and the alleged offences constitute a misdemeanour, the investigating judge may order that this measure be maintained until the hearing in accordance with paragraphs two to four of article 179. If the person is subject to a security measure and the alleged acts constitute a crime, the provisions of paragraphs five, seven, eight and nine of article 181 shall apply.