Section 642 – How mental incapacity is raised; effect

May 13, 2021 | Crimianl Procedure, Louisiana

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.

La. Cr.P. ยง 642