The matter shall be referred to the Court of Assize by a decision of indictment and dismissal before that court.

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

If an appeal is lodged against the decision of the investigating judge, the decision is taken by the investigating chamber.

The person, already indicted before the court court of assize, may be referred back to the criminal court by decision of 1^er President of the Court of Appeal or of the President of the Court of Assize. She gives her agreement in the presence of his lawyer.

The case is different for the accused, the victim or the civil party.

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

The three judges are professional judges.

Jurors are citizens who are registered and drawn by lot on the electoral rolls.

The accused can recuse, that is to say refuse, up to 4 persons on the list of jurors who have been drawn by lot.

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

Each rejected juror is replaced by another, also drawn at random.

In any case, there are 6 jurors and one or more additional jurors.

These additional jurors attend the proceedings as do other full jurors. One additional juror can replace a titular juror in case of incapacity (illness, sudden heavy snowfall...), during debates or deliberation. To have the same knowledge of the case as the full jurors, these additional jurors must have heard and seen (the seals or documents) in the same manner as full jurors.

Attendees are:

• Judges and jurors
• Advocate General representing the public prosecutor's office
• Clerk
• Accused and his lawyer
• Victim civil party or his lawyer
• Commissioner of Justice (formerly bailiff).

Before the hearing

When the date of the hearing of a case of the Court of Assize is fixed, the President shall decide on the date of the hearingexamination of the accused and of the criminal preparatory meeting.  

It provides that the preparatory meeting shall be held, either immediately following questioning, or on another date.

The accused is not attending that meeting. The President, the public prosecutor's office and counsel for all parties are participating in this meeting.

Unless impossible, the preparatory meeting must be held at least 45 days before the opening of the debate.

This meeting helps to establish the witness list and experts which are cities at the hearing, the order in which they were given evidence and the length of the hearing.

Before the hearing (no later than 6^e day before the proceedings) , the president of the assize court questions the accused about his identity and whether he is properly assisted by a lawyer at the hearing. If the accused does not have a lawyer, the President shall appoint one ex officio.

If necessary, he shall inform him of his right to be assisted by an interpreter.

During the hearing

In principle, the hearing before the Cour d'Assises is public, but the trial may also take place at in camera.

Organization of debates at the hearing

The debates are oral. The President of the court of assize runs them. He shall take all measures necessary for the discovery of the truth and for the proper conduct of the hearing. He gives the floor to the various people, in a specific order.

At the beginning of the hearing, the President shall present orally the facts of the case against the accused and the evidence which is unfavorable and favorable to him. He shall inform him of his rights to remain silent during debates and to have an interpreter, if necessary.

The registrar read the indictment.

Then, the president of the court of assize interrogate the accused and receive his statements, before proceeding to the hearings of the witnessesexperts and victims.

The witness list and experts has been established previously, during the criminal preparatory meeting or at the request of the public prosecutor, the accused and the victim civil party or their lawyers.

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

End of proceedings at the hearing

The steps are as follows:

• 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 accused can be convicted on criminal charges (criminal conviction) and ordered to compensate the various damages of the victim.

The criminal conviction

Immediately after the hearing, the court of assize and 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.

Each main question is asked as follows: "Is the accused guilty of committing such a fact?"

If the accused is convictedThen they vote on the penalty.

The deliberation is secret and involves 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, but the maximum penalty may be imposed only by a majority of at least 7 votes.

The Assize Court leaves the deliberation room only when the final decision is taken: it is the verdict. The decision can take several hours, it is the deliberate.

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

If the accused is convicted, the President shall inform him of his possibility of appealing the decision and shall inform him that he has 10 days calendars to appeal the decision.

If the accused is acquittedHe is released unless he is in prison for other offenses.

The civil conviction

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

If the accused has been convicted, the judges shall decide on the damages requested by the civil party, without the assistance of the jury.

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

It is possible appeal of a judgment of the court of assises which, for the first time, is trying a criminal case. The call's on by declaration to the graft of the court of assises who made 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 representing the public prosecutor's office
• Civil party, but only for civil interests. This means that it can challenge the amount of compensation received, but not the criminal conviction of the accused.

When the call is made by the accused or the public prosecutor's officeHowever, it may be limited to the duration of the sentence, without the guilt being contested.

The case is then retried by a court of appeal whose functioning is identical to that of the court of assize which has heard the case.

On appeal, the differences are:

• At the beginning of the proceedings, the President recalled the information contained in the written statement of reasons at the end of the judgment in the first instance.
• The jurors are 9.
• L'accused and theAdvocate General may each refuse 1 more juror.
• The minimum number of votes necessary during the deliberations to take a unfavorable decision to the accused concerning his guilt is brought to 8.
• The minimum number of votes necessary during the deliberations for to decide on a sentence is raised to 8, including in the case of a maximum sentence.

Waiting for appeal, the convicted accused shall be taken to prison or shall remain in prison.

The civil conviction may be enforced if provisional execution has been ordered by the decision of the court of assisi.