Section 1: Involuntary hospitalisation

When the investigating chamber or a trial court decides, in accordance with Article 706-135 of this code, to involuntarily hospitalise the person in an establishment mentioned in article L. 3222-1 of the Public Health Code, it shall make a reasoned order to this end as soon as it has handed down the judgment or ruling declaring the person not criminally irresponsible on account of mental disorder. This order is signed by the president of the court and the court clerk. Where the judgment declaring the person not criminally responsible on account of mental disorder is handed down by the assize court, this order is made by the court without the assistance of the jury; the court rules of its own motion or on the application of the public prosecutor, after the assize court has ruled on the public prosecution, in accordance with the procedure laid down in the second paragraph of article 371 of this code. A copy of this order is immediately sent by the procureur de la République or the procureur général to the representative of the State in the département or, in Paris, to the préfet de police. The latter shall proceed without delay with the hospitalisation, after, where applicable, the formalities for the release from custody; he shall determine the establishment in which the person will be hospitalised.

This order is entered in the register provided for in the last paragraph of article L. 3213-1 of the Public Health Code.

A copy of the psychiatric report in the case file, establishing that the mental disorder of the person concerned requires care and compromises the safety of individuals or seriously undermines public order, is also immediately sent by the public prosecutor or the public prosecutor to the representative of the State in the department or, in Paris, to the police prefect, to be attached to the person's medical file.

The expert opinion provided for in the previous paragraph is that carried out during the investigation, without prejudice to the possibility for the president of the investigating chamber or the trial court to order an additional expert opinion in order to update the information concerning the person's mental state. If the most recent expert report in the case file does not contain sufficient information to assess whether the conditions for involuntary hospitalisation have in fact been met at the time when the court is due to rule, the president of the court may also, before the date set for the hearing, request the expert or one of the experts who carried out the expert report, or any other psychiatric doctor, to issue a medical certificate describing the person's current state. This certificate may also be requested by the public prosecutor. A copy of the certificate is then sent to the State representative in application of the previous paragraph along with that of the psychiatric assessment.