Can you refuse to be sworn to the criminal court?

Verified 03 April 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

If you have been selected by lot to be a sitting jury, you are obliged to perform this function during the sitting session. Your employer can't punish you for being a juror. If you do not appear before the criminal court, you will be fined. However, if there is a serious reason why you cannot sit, you can apply for a waiver.

If you are drawn to be a juror, you must attend the criminal court and participate in the hearings scheduled during the criminal court session.

If you fail to report, you may be fined up to €3,750.

You may also be disciplined if you leave before the end of your jury duty.

FYI  

You can't ask to be replaced by a relative.

You can apply for a waiver if you are in one of the following situations:

  • You're over 70
  • You no longer have a principal residence in the department of the Cour d'Assises
  • You have difficulties that prevent you from being present (serious illness, illness of a child, deafness, medical or professional imperatives etc.)
    For example, if the sitting session is held around Easter, a self-employed butcher/butcher may be dispensed with the increase in his professional activity.
    In addition, a person who needs to undergo major surgery during the sitting session may be dispensed.

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Employee

If you are drawn, you can show your summons to your employer.

Your employer must release you from your professional obligations to allow you to sit to the court of assize. You may not be disciplined or discriminated against for this absence.

If you are employed in the private sector, your employment contract is suspended during the session.

In this case, your employer may decide to maintain your salary during your absence. If they don't, you can claim compensation for lost business income. This is a compensatory allowance.

Public official

If you are drawn, you can show your summons to your employer.

Your employer must release you from your professional obligations to allow you to sit to the court of assize. You may not be disciplined or discriminated against for this absence.

As a public official, you must be granted leave of absence for the duration of the sitting. You continue to receive your treatment.

Your request for waiver must be addressed to the chairman of the special committee attached to each court. It must be sent by simple letter, before 1er September of the current year.

If not, you must present yourself on 1er day of the sitting.

The contact details of the commission to which you must send your request for exemption are notified in the letter sent by the mayor of your municipality, following the 1er draw.

Who shall I contact

The commission that reviews the waiver requests verifies the seriousness of the reasons and the reality of the facts you have presented. Your request must be accompanied by any proof that you are unable to sit.

You may be excused if the reason given is sufficiently serious to justify your inability to participate in the sitting.

To find out the commission's answer, you must go to the court of law or the court of appeal on which the court of appeal is based. You will be called to a public hearing at which the waiver will be granted or denied.

If you no longer reside in the Assize Court department, you must inform the Assize Court Registry by email or telephone. The same is true if you cannot appear before the Assize Court for medical reasons.

Who shall I contact

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