Key Benefits:
Publics concerned: 1) Magistrates and other professionals involved in criminal proceedings; 2) Anyone who has been the subject of a decision on criminal irresponsibility because of mental disorder.
Subject: statements of criminal irresponsibility due to mental disorder; Office hospitalization decided by a court.
Entry into force: immediate.
Notice: This decree specifies the terms and conditions under which security measures are imposed by the judicial authorities applicable to persons who have been the subject of, after committing an offence, a decision of criminal irresponsibility due to a mental disorder.
Office hospitalization must be preceded by an up-to-date medical assessment or examination of the person. It is immediately enforceable even in case of appeal.
The decree sets out the conditions under which other security measures may be imposed, such as the prohibition of meeting the victim or carrying a weapon.
It also allows the use of videoconferencing for the hearing of witnesses and experts at hearings of criminal responsibility before the examining board and conducts various coordinations.
The Prime Minister,
On the report of the Minister of State, Minister of Justice and Freedoms,
Vu le Code of Criminal Procedureincluding articles 371, 706-135 and 706-140;
Vu le Public Health Codeincluding articles L. 3211-12, L. 3213-1, L. 3213-4, L. 3213-7, L. 3213-8 and L. 3222-1;
Vu la Act No. 2003-239 of 18 March 2003 for internal security, including article 23,
Decrete:
The Code of Criminal Procedure (Part III: Decrees) is amended in accordance with the provisions of this Decree.
I.-Article D. 47-29 is amended as follows:
1° The first paragraph is as follows:
"When the board of inquiry or a court of judgment decides, in accordance with Article 706-135 of this Code, that the person's office be hospitalized in an institution referred to inArticle L. 3222-1 of the Public Health Codefor this purpose, it shall take a reasoned order immediately after rendering the judgment or judgment of declaration of criminal irresponsibility for cause of mental disorder. This order is signed by the court president and the clerk. When the decision to declare criminal irresponsibility due to mental disorder is rendered by the court of siege, this order is taken by the court without the assistance of the jury; the court shall decide on its own motion or on the requisitions of the public prosecutor's office, after the court of siege has pronounced itself on public action, according to the procedure provided for in the second paragraph of article 371 of this Code. A copy of this order is immediately sent by the Public Prosecutor or the Attorney General to the representative of the State in the department or, in Paris, to the police prefect. The latter proceeds without delay to the hospitalization, after, where appropriate, the procedures for lifting the lock; it determines the institution in which the person will be hospitalized. » ;
2° The article is supplemented by a paragraph to read:
"The expertise provided in the previous paragraph is that carried out during the course of the investigation, without prejudice to the possibility for the president of the board of investigation or the court of judgment to order additional expertise in order to update the information concerning the mental state of the person. If the last expertise on the record does not include sufficient indications to assess that the conditions of ex officio hospitalization are effectively met at the time the court has to decide, the president of the court may also, before the date provided for in the hearing, require the expert or one of the experts who has conducted this expertise, or any other psychiatrist physician, the issuance of a current medical certificate describing the person. This certificate may also be required by the Public Prosecution Service. Copy of the certificate is then sent to the State representative pursuant to the previous paragraph with that of psychiatric expertise. »
II.-After Article D. 47-29, the following provisions are inserted:
"Art.D. 47-29-1.-The order for the purpose of ex officio hospitalization pursuant to section 706-135 of this Code shall be immediately enforceable, without prejudice to the possibility of referral of the judge of freedoms and detention in accordance with provisions of Article L. 3211-12 of the Public Health Code so that he may end the hospitalization.
"Unfortunately, this order can only be appealed or appealed for in cassation at the same time as an appeal or appeal against the decision to declare criminal irresponsibility because of mental disorder.
"The appeal or appeal against the order for the purpose of ex officio hospitalization is not suspensive.
"When an appeal has not been appealed, the order for the purpose of ex officio hospitalization is invalid if the court of appeal declares the person criminally responsible and condemns him to a custodial sentence. The same is true if, as a result of a cassation appeal, the referral court declares the person criminally responsible and condemns him to a custodial sentence. The caducity of the order occurs when the deprivation of liberty is enforced. However, the provisions of this paragraph are not exclusive to the application of the provisions of Article D. 398, if any without interruption of the stay of the person in a health facility.
"Art.D. 47-29-2.-To allow the immediate application of the order provided for in articles D. 47-29 and D. 47-29-1, the Public Prosecutor's Office shall inform the representative of the State beforehand or, in Paris, the prefect of the police of the hearings in which the board of the investigation or trial court is liable to order an ex officio hospitalization in accordance with the provisions of Article 706-135.
"The fact that the board of investigation or the court of judgment does not order this hospitalization does not forbid the representative of the State or, in Paris, the prefect of police to enforce provisions of articles L. 3213-1 and L. 3213-7 of the Public Health Code.
"Art.D. 47-29-3.-In accordance with the provisions of Article 706-135 of this Code, the regime of ex officio hospitalization ordered by a court pursuant to this article is, with regard to the conditions for the lifting and extension of this measure, identical to that of the hospitalization ordered by the representative of the State in application of the articles L. 3213-1 and L. 3213-7 of the Public Health Code in respect of a person declared criminally irresponsible because of a mental disorder. In particular, this hospitalization can only be terminated in accordance with the terms and conditions provided by theArticle L. 3213-8 of the Public Health Code, and the provisions of Article L. 3213-4 of this Code requiring, under penalty of automatic release of hospitalization, the maintenance of this measure by the representative of the State after the deadlines provided for in this article are therefore not applicable.
"Art.D. 47-29-4.-Where the board of the investigation or the court of judgment that makes a decision of criminal irresponsibility orders, in accordance with Article 706-135 of this Code, the person's administrative hospitality, while the person has already been decided by the representative of the State pursuant to provisions of Article L. 3213-1 of the Public Health Code, the judicial decision replaces the hospitalization order made by the representative of the State. It immediately produces the effects recalled to section D. 47-29-3 of this code.
"Art.D. 47-29-5.-When the board of the investigation or the court of judgment which pronounces a decision of criminal irresponsibility does not decide the person's ex officio hospitality because this hospitalization has already been ordered by the representative of the State in application of the provisions of Article L. 3213-1 of the Public Health Code, the Public Prosecutor's Office shall promptly notify the Public Prosecutor of this decision, so that it may be informed that the hospitalization regime then becomes the one provided for in sections L. 3213-7 and L. 3213-8 of that Code, and recalled to section D. 47-29-3 above, and may take any necessary action.
"The Public Prosecutor's Office shall notify, for the same purposes, the representative of the State of the criminal liability orders made by the examining magistrate when the person under review was subjected to an ex officio hospitalization, having been ordered by the representative of the State following his release during the information procedure, after the person was informed in accordance with the provisions of the last paragraph of Article D. 47-27.
“Section 2
“Other security measures
"Art.D. 47-29-6.-The security measures provided for in section 706-136 may only be imposed by the court if it appears, at the time the decision is rendered and in the light of the evidence and in particular the expertise of the person concerned, that they are necessary to prevent the renewal of the acts committed by the person declared criminally irresponsible, to protect the person, to protect the victim or the family
"These measures cannot be imposed as a sanction against the individual.
"Art.D. 47-29-7.-The decision ordering one or more of the measures provided for in section 706-137 shall be taken either in the judgment of the board of inquiry or the judgment of the correctional court, or by a separate order. This order is then signed by the court president and the clerk. When the decision to declare criminal irresponsibility due to mental disorder is rendered by the court of siege, this order is taken by the court without the assistance of the jury. The decision is based on the provisions of Article D. 47-29-6.
"Copy of the decision is given to the interested party for notification.
"The decision shall be immediately enforceable, without prejudice to the possibility of referral of the judge of freedoms and detention, in accordance with the provisions of article 706-137 for the purpose of modifying or removing such measures.
"Unfortunately, this decision can only be appealed or appealed in cassation at the same time as an appeal or an appeal against the decision to declare criminal irresponsibility because of mental disorder.
"The appeal or appeal against this decision is not suspensive.
"When an appeal has not been appealed, the decision is null and void if the court of appeal declares the person criminally responsible. The same is true if, as a result of a cassation appeal, the referral court declares the person criminally responsible.
"Art.D. 47-29-8.- provisions of 11° bis of I of Article 23 of Law No. 2003-239 of 18 March 2003 for internal security, the Public Prosecutor's Office informs the file manager of the persons sought of the prohibitions imposed under section 706-136. »
I. - The second paragraph of article D. 32-23 is as follows:
"In this case, the total length of the residential assignment, taking into account the period of the instruction, cannot exceed the period of two years provided for in section 142-7. »
II. - The second paragraph of article D. 32-24 is as follows:
"The total length of the residential assignment, taking into account the period of the instruction, cannot then exceed the period of two years provided for in section 142-7. »
III. - The third paragraph of article D. 32-26 is as follows:
"In the event of a residence appointment with electronic supervision at the home of the legal representatives of the minor, the investigating judge specially responsible for matters concerning minors, the judge of freedoms and detention or the judge of the competent children to order the measure shall collect beforehand the written agreement of the juveniles. »
IV. - Article D. 47-23 is supplemented by a paragraph as follows:
"The provisions of this article shall also apply in respect of contravention. »
V. - After article D. 47-28, an article D. 47-28-1 is inserted as follows:
"Art. D. 47-28-1. - During the hearing of the board of inquiry under section 706-122, experts and witnesses may be heard using a means of telecommunications in accordance with the provisions of section 706-71. »
VI. - In chapter III of title XXVIII of Book IV, the following division is inserted before article D. 47-29:
“Section 1. ― Office hospitality."
The provisions of this Decree shall apply throughout the territory of the Republic.
The Minister of State, Minister of Justice and Freedoms, and the Minister of Health and Sports are responsible, each with regard to her, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, June 24, 2010.
François Fillon
By the Prime Minister:
The state minister, keep seals,
Minister of Justice and Freedoms,
Michèle Alliot-Marie
Minister of Health and Sports,
Roselyne Bachelot-Narquin
