When doubts arise during the investigation as to the defendant’s responsibility, the magistrate in charge may order a psychiatric assessment.
The appointed experts generally meet with the person being assessed two or three times after reviewing their medical records and the case files.
In addition to a general medical history and a possible diagnosis, the assessment provides the judge with information on the subject’s ability to understand the criminal nature of the alleged act and, where applicable, their ability to act on that understanding.
In cases where there is doubt about one or both of these aspects, the experts also give their opinion on the existence of a measure likely to reduce the risk of reoffending.
These measures may be institutional or outpatient, and in the former case, may be open or closed.
If the measure is incompatible with the enforcement of a sentence, the judge will suspend the sentence in favor of the measure that can be enforced.
En cas de réussite de la mesure, il sera en principe renoncé à la peine, mais par contre en cas d’échec de la mesure, la peine sera réintégrée et devra être purgée.
If the measure is successful, the sentence will in principle be waived, but if the measure fails, the sentence will be reinstated and must be served.
The lawyers at DE CANDOLLE AVOCATS can inform you and advise you in such particular proceedings.