This measure can be offered as part of the alternatives to prosecution.
The public prosecutor may decide to direct the accused to a health, social or professional structure to follow a internship or training related to the alleged offense.
It must allow the respondent to become aware of the seriousness of the alleged facts.
The cost of the internship is the responsibility of the offender, unless the prosecutor decides otherwise.
Articles 41-1, 2 ° et seq. And the law of March 5, 2007, specify that it may be oriented towards:
- A citizenship course,
- A road safety awareness course,
- A parental responsibility internship,
- Referral to a health structure,
These health structures are not intended to treat offenders in a week! Their role is to promote realization and to provide information allowing authors to initiate a real course of care (psychologist, etc.).
The accused cannot be obliged to follow a treatment of care or a therapeutic follow-up. As a patient he enjoys a freedom of choice.
Just as this orientation towards a health structure must be distinguished from the therapeutic injunction provided for in Articles L. 3423-1 and L. 3413-1 to L. 3413-3 of the Public Health Code.
If the respondent commits an offense related to an addiction, (fights or violence under the influence of a state of intoxication, consumption of narcotics, etc.), he will be referred to medical services or associations which will help to understand and manage his addictive behavior.
Namely: Medical confidentiality prevented the prosecutor from assessing the relevance of the measure. Hence the creation of a “relay doctor” whose action is framed in articles L 3143 and L 3413-4 of the public health code.
Its mission is to assess the appropriateness of the measure and to keep the public prosecutor informed on the evolution of the dependence of the offender.
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