[Criminal irresponsibility of mentally-disordered patients: current data and debate issues]

Adopted by the French Parliament on February 25th 2008, law No 2008-174 about safety detention and declaration of penal irresponsibility on account of mental trouble has changed the process of declaration of irresponsibility on account of mental trouble. The law notably provides for the institution of a public and contradictory hearing, so that the victim can know what really happened, can debate about it, listen to the witnesses, the experts, the different sides, the barristers and the Director of Public Prosecutions. To be found in the law is a list of measures which can be taken by the penal courts on the occasion of a declaration of irresponsibility on account of mental trouble. Rather than stating the practical applications, partially contained in decree No 2008-361 (April 16th 2008), we offer the readers of this clarification to bring up again the foundations of that penal responsibility in France. The objective here is to understand what is at stake in the debate which for many months has opposed the different protagonists: psychiatrists, experts or not, magistrates, and plaintiff claiming damages.