Louisiana Code of Criminal Procedure 642 – How mental incapacity is raised; effect
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Terms Used In Louisiana Code of Criminal Procedure 642
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
The defendant‘s mental incapacity to proceed may be raised at any time by the defense, the district attorney, or the court. When the question of the defendant’s mental incapacity to proceed is raised, there shall be no further steps in the criminal prosecution, except the institution of prosecution, until the defendant is found to have the mental capacity to proceed.