Trial before the Assize Court or the Criminal Court

The matter shall be referred to the Court of Assize by a decision of indictment.

That decision is made by a judge of instruction at the end of a judicial inquiry.

It is taken by the investigating chamber if an appeal has been lodged against the decision of the investigating judge.

The Assize Court is composed of 3 judges (1 president and 2 assessors) and 6 judges jurors.

The President and the 2 assessors are professional judges.

Jurors are ordinary citizens drawn at random from the electoral rolls.

The accused can object, that is, refuse, up to four people on the list of people who were drawn for jury duty.

The public prosecutor's office may refuse up to 3.

Each juror who is refused is replaced by another juror who is also drawn.

In all cases, there are 6 jurors and one or more additional jurors.

These extra jurors attend the debates like other jurors drawn at random. They can replace a regular juror in case of incapacity (illness, heavy and sudden snowfall,...) during debates or deliberations. To have the same knowledge of the case as the full jurors, these additional jurors must have heard and seen (sealed or documents) in the same manner as other jurors.

Those present at the trial are:

• Court of Assize composed of judges and jurors
• Accused and his lawyer
• Victim, civil party or his lawyer
• Advocate General representing the public prosecutor's office
• Clerk
• Commissioner of Justice (former bailiff and judicial auctioneer)

Before the hearing

A few weeks before the hearing, the president organizes a criminal preparatory meeting.

This meeting allows us to establish the list of witnesses and experts who are cities at the hearing, the order in which they were given evidence and the length of the hearing.

The President, the public prosecutor's office and counsel for all parties are participating in this meeting.

A few days before the hearing, the president of the court questions the accused about his identity and the fact that he is well assisted by a lawyer. He shall inform him, if necessary, of his right to an interpreter.

If the accused does not have a lawyer, the President shall appoint one ex officio.

Is the hearing in public?

The hearing before the Cour d'Assises shall in principle be public. But the trial can take place at in camera.

How are the debates organized?

The debates are oral. The president runs them. He shall take all measures necessary for the discovery of the truth and for the proper conduct of the hearing. He is the one who gives the floor to the various persons in the trial in a specific order.

At the beginning of the hearing, the Chairperson shall present orally the facts of the case and the evidence in favor of the accused. He shall inform him of his rights to remain silent during debates and to have an interpreter, if necessary.

The clerk reads the indictment.

The President then questions the accused before holding hearings with the witnessesexperts and victims.

The list of witnesses and experts was drawn up earlier during the criminal preparatory meeting or at the request of the public prosecutor, the accused and the victim, who was a civil party or their lawyers.

Assessors and jurors may ask questions of the accused, witnesses, experts, and the victim in a civil action, only if the president gives them permission. The accused and the victim may also ask questions through the President.

No audio or audiovisual recording is permitted. However, it can be authorized if it has a bearing on the continuation of the trial (a defendant who finally confesses to having committed the crime).

End of debate

• The victim or his lawyer shall be heard.
• The Advocate General shall take his requisitions, he shall propose a sentence for the accused or request his acquittal.
• The defendant's lawyer pleads in his defense.

To conclude the proceedings, the President asked the accused if he had a final statement to make.

The criminal conviction

Immediately after the debates, the Assize Court and the jurors deliberate. The president, the assessors and the jurors retire to a room called chamber of deliberation to decide by secret ballot whether the accused is guilty.

If the accused is found guilty, they then vote on the sentence.

The deliberation is secret and consists of 2 phases:

• Deliberation on guilt : a majority of 7 votes is required for any decision against the accused. Blank or void ballots are favorable to the accused. If the accused is found not guilty, he is acquitted. If he is found guilty, the court decides on the sentence.

• Deliberation on Sentence : the decision is taken by an absolute majority of the voters (at least 7 votes), but the maximum penalty may be imposed only by a majority of 7 votes.

The court leaves the deliberation room only when the final decision (verdict) is taken. The decision (the deliberate) may take several hours.

The decision of the Court shall be delivered in open court. It must be reasoned.

If the accused is acquitted, he is released, unless he is incarcerated for other offenses.

If he is convicted, the president informs him of his possibility to appeal the decision and tells him that he has 10 days calendars to appeal the decision.

Compensation for damage suffered by the civil party

Once the criminal hearing is over, a civil hearing may follow. It is intended to examine the civil party's claim for compensation.

The court may also refer the case back to a hearing on civil interests at a later date.

If the accused has been found guilty, the judges decide on the damages requested by the victim from the accused, without the participation of the jurors.

It is possible appeal of a judgment of the Cour d'Assises, which is to hear a case for the first time. The call shall be made by declaration to the graft of the court of assises that rendered the decision, within 10 calendar days which follow the delivery of the judgment.

The call can be made by one of the following people:

• Accused
• Attorney General
• Civil party, but only for its civil interests. This means that it can challenge the amount of compensation received, but not the criminal conviction of the accused.

When the appeal is made by the accused or the prosecution, it can be limited to the length of the sentence, without the guilt being challenged.

The case is then re-tried by another appeals court whose functioning is identical to that of the court of appeal which tried the case.

On appeal, the differences are as follows:

• At the beginning of the discussions, the President recalled the information contained in the statement of reasons drawn up at the end of the judgment at first instance.
• The jury is nine.
• The accused and the general counsel may each refuse one more juror.
• The minimum number of votes required in the deliberations to make a decision against the accused concerning his guilt is increased to 8.
• The minimum number of votes required in the deliberations to decide on a sentence shall be increased to 8, including in the case of a maximum sentence.

Pending appeal, the convicted accused is taken or remains in prison.