Discipline and Punish: Difference between revisions
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It refers to the creation in 1958 of the Code of penal procedure, i.e., the set of rules that organize the process of punishing an offense. The text cited by Foucault is not a "ruling", but, as written in the original French text of Surveiller et punir -, a circular: Circular of the Garde des Sceaux, Article C345 of the Instruction générale pour l'application du code de procédure pénale. | It refers to the creation in 1958 of the Code of penal procedure, i.e., the set of rules that organize the process of punishing an offense. The text cited by Foucault is not a "ruling", but, as written in the original French text of Surveiller et punir -, a circular: Circular of the Garde des Sceaux, Article C345 of the Instruction générale pour l'application du code de procédure pénale. | ||
I cannot find the exact text of the circular, but when Foucault was writing his book, the investigating judge (juge d'instruction) could order a psychiatric examination that included the following questions (Rivière-Perrier and Simon, 1976): | |||
* Does the examination reveal any mental or psychic abnormalities in the subject? If so, describe them and specify to which conditions they are related. | |||
* Is the offence with which the subject is charged related to such abnormalities or not? | |||
* Is the subject in a dangerous condition? | |||
* Is the subject eligible for criminal sanction? | |||
* Is the subject curable or rehabilitatable? | |||
* Was the subject in a state of insanity within the meaning of Article 64 of the Penal Code at the time of the offence? | |||
Article 64 requires to specify whether the crime was committed in a state of insanity. | Article 64 requires to specify whether the crime was committed in a state of insanity. | ||