Question 18799 — disqualifications and incapacities

Summary

Mrs. Bérangère Abba draws the attention of Mrs. Keeper of the Seals, Minister of Justice, to the question of the right of defense of a protected adult. When illness, disability or an accident can alter a person's faculties and make them incapable of defending their interests, the judge can decide on a measure of legal protection (guardianship, curatorship) by which another person helps them protect their interests. In its article 48, the Law No. 2019-222 of March 23, 2019 on 2018-2022 programming and justice reform amends article 706-113 of the Code of Criminal Procedure and provides that “when the person is the subject of prosecution, the public prosecutor or the investigating judge notifies the curator or guardian as well as the guardianship judge”. For its part, article 706-115 of the same code of criminal procedure provides that “the person being prosecuted must be subjected before any judgment on the merits to a medical expertise in order to assess his criminal responsibility at the time of the facts. She asks him what arrangements are made for protected adults and whether the curator or guardian as well as the guardianship judge are also notified in advance of a medical assessment.

Machine translation from French. The official text remains authoritative.

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