Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Franta

Examinare medicală psihiatrică (303)

1. MEASURE IMPLEMENTATION

Franta

Is this measure possible in your Member State under International Judicial Cooperation?

This measure is possible under French law, under a mutual legal assistance request. This measure consists of an examination carried out by a doctor who is a specialist in mental illness. The results of this examination may constitute grounds for non-accountabilty or diminished responsibility of the person concerned. In such a case, a person who, at the time the offence was committed, was suffering from a mental or a neuropsychological disorder which caused him or her to lose all judgement or control of his or her actions, is not criminally responsible. In addition, a person who, at the time the offence was committed, was suffering from a mental or a neuropsychological disorder which impaired his or her judgement or impeded the person's control of his or her actions remains punishable; however, the court will take this circumstance into account when deciding on the sentence and on the sentencing regime.

2. LEGAL FRAMEWORK

Franta

International legal framework applicable for this measure in your Member State

The Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000 (article 6).

3. COMPETENT AUTHORITY TO:

Franta

* receive the request/decision for judicial cooperation

The investigating judge, by issuing an order for expert evidence. Also, the public prosecutor must request a psychiatric examination under the framework of the provisions of article 706-47-1 of the Code of Criminal Procedure concerning offences of a sexual nature, and this is done from the investigation stage.

* execute/recognise the measure (if other than the receiving authority)

N/A

4. ACCEPTED LANGUAGES

Franta

Accepted languages for the request/decision

A translation in French is not required (article 16 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959. The Additional Protocols to this Convention, and the MLA Convention of 29 May 2000, simply complement the original Convention and do not raise any question of translation requirements) but it is nonetheless recommended that a translation be provided, in order to facilitate and expedite the execution of the request for assistance.

5. EXECUTION DEADLINE

Franta

Deadlines for the execution of the request/decision (where applicable)

As soon as possible.

6. CONCISE LEGAL PRACTICAL INFORMATION

Franta

a. Special requirements

The psychiatric medical expert will be designated by order of the investigating judge following an international request for mutual legal assistance to the prosecution within the framework of the cases referred to in article 706-47-1 of the Code of Criminal Procedure (offences of a sexual nature). The experts must perform their task in collaboration with the investigating judge or the acting magistrate; they must keep the magistrate informed of the progress of their operations and enable him or her to take any useful measures at any time. If the experts ask for clarification on an issue that is not within the scope of their expertise, the judge can authorise them to engage the services of specifically designated persons who are specially skilled in their field.

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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