Trial before the Assize Court or the Criminal Court

Verified 30 September 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

The court of assize judge persons accused of crimes punished by more than 20 years of imprisonment. It also judges appeals trials. It is composed of judges and citizens drawn by lot, called the jurors. The criminal court judge adults accused of crimes punished between 15 and 20 years of imprisonment. It is composed solely of professional judges. We present you with the information you need to know.

FYI  

Since 1er january 2023, the criminal court is widespread throughout the French territory (except the department of Mayotte) for the judgment of the crimes punishable by 15 to 20 years of imprisonment.

Court of Assize

The court of assize is a departmental jurisdiction.

It is the only one competent to try crimes (rape, murder, armed robbery...) committed by adults and minors over 16 years. It is also competent to try appeals.

The court of assize allows you to judge crimes punishable by more than 20 years in prison.

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 1er 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.

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For the accused

The accused duty obligatory be represented by a lawyer at the hearing.

If he does not choose one, the President of the Court of Assize shall appoint one of his own motion.

This court-appointed lawyer is not free and must be paid according to the income and complexity of the case.

If the accused does not have sufficient income, he can apply for legal aid.

Who shall I contact

For the victim or the civil party

The victim or the civil party is under no obligation to choose a lawyer.

If she wants one and she doesn't have enough income, she can apply for legal aid.

Who shall I contact

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 6e 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.

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Public Hearing

In this case, everyone (ie the public) may attend.

The witnesses and experts summoned for trial may attend only after their testimony (statement at the hearing).

The President of the Court may decide that minors shall not attend the debates if he considers that the content of the debates may offend their sensibilities.

The civil parties, even minors, may attend.

In camera

Public access to the hearing may be prohibited, if the content of the proceedings may be dangerous to the public order or morals. In this case, only the accused, the victim and the lawyers are allowed to attend. This decision should be made only by the court of assize that is, the judges, without the jurors.

For certain crimes (rape, acts of torture, aggravated procuring, etc.), the victim, who is a civil party who requests it, is allowed to go in camera without conditions. The accused cannot request in camera.

In other cases, an in camera session can only be ordered if one of the victims and the civil parties does not object.

Specific rules apply before the juvenile court.

FYI  

Even though the lock-up was ordered, the decision of the court of assises must be delivered in open court.

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.

Please note

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).

For reasons of public interest, educational, informative, cultural or scientific, debates may exceptionally be recorded by sound or audiovisual media. Authorization is given by the 1er president of the court of appeal.

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.

Please note

If the accused has been acquittedThen he can make a claim for compensation for wrongful detention within six months of the date of acquittal.

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.

FYI  

after the appeal judgment, it is possible to make a appeal in cassation. The appeal must be lodged within 10 clear days after the decision delivered at the Registry of the Court of Appeal concerned.

Who shall I contact

Criminal Court

The criminal court is a departmental jurisdiction.

It is competent to judge the crimes punishable by 15 to 20 years of confinement (rape, fatal beatings, armed robbery...), when the state of legal recidivism is not retained.

It is also competent to try persons already indicted before the Court of Assize, before the 1er January 2023, for this type of crime.

People should give their agreement, in the presence of their lawyer, for reference to the criminal court.

The criminal court is seised by a decision of indictment and removal 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 1er President of the Court of Appeal or of the President of the Court of Assize. Sound agreement shall be obtained in the presence of his lawyer.

FYI  

The criminal court must refer the case back to the court of assize in cases of crime punishable by 30 years of criminal imprisonment (for example, rape followed by death) or life imprisonment (murder, drug trafficking...).

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

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For the accused

The accused duty obligatory be represented by a lawyer at the hearing.

If he does not choose one, the President of the Criminal Court shall appoint one of his own motion.

This court-appointed lawyer is not free and must be paid according to the income and complexity of the case.

If the accused does not have sufficient income, he can apply for legal aid.

Who shall I contact

For the victim or the civil party

The victim or the civil party is under no obligation to choose a lawyer.

If she wants one and she doesn't have enough income, she can apply for legal aid.

Who shall I contact

The persons present at the hearing are as follows:

  • Criminal Court composed of 5 professional judges (1 president and 4 assessors)
  • Advocate General representing the public prosecutor's office
  • Clerk
  • Accused and his lawyer
  • Victim, civil party or his lawyer
  • Commissioner of Justice (former bailiff)

Before the hearing

When the date of the hearing of a criminal court case is fixed, the President decides 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 6e day before the proceedings) , the president of the criminal court questions the accused about his identity and the fact that 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 criminal court is public, but the trial may also take place at in camera.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Public Hearing

In this case, everyone (ie the public) may attend.

Witnesses and experts summoned for the trial may attend only after they have given their evidence (statement at the hearing).

The President of the Court may decide that minors shall not attend the debates if he considers that the content of the debates may offend their sensibilities.

The civil parties even minors can attend.

In camera

The criminal court may decide to prohibit access to the hearing, for the entire public, if the content of the proceedings is dangerous to the public. public order or morals. In this case, only the accused, the victim and their lawyers will be allowed to attend.

For certain crimes (rape, acts of torture, aggravated procuring, etc.), the victim is granted an unconditional lock-up on request by the civil party. The accused cannot request in camera.

In other cases, an in camera session can only be ordered if one of the victims and the civil parties does not object.

FYI  

even though the lock-up was ordered, the decision of the criminal court must be delivered in open court.

Organization of debates at the hearing

The debates are oral. The President of the criminal court 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.

The president of the criminal court then interrogate the accused before proceeding to the hearing 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.

The assessors 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.

Please note

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).

For reasons of public interest, educational, informative, cultural or scientific, debates may exceptionally be recorded by sound or audiovisual media. Authorization is given by the 1er president of the court of appeal.

End of debate

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

After the debates, the criminal court retreats to a room called chamber of deliberation. It shall rule on the guilt of the accused and shall pronounce any sentence.

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

Decisions on guilt and punishment are made at the majority of votes.

The criminal court leaves the deliberation room only when the final decision is made: verdict. The decision can take several hours, it is the deliberate.

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

The criminal court shall also be competent to judge offenses for which the accused is convicted.

If he is convicted, the President shall inform him that he may appeal of the decision within 10 calendar days from the date of delivery of the decision.

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

Please note

whether the accused has been acquitted, he will be able to make a claim for compensation for wrongful detention within six months of the acquittal.

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 criminal court which is trying a case for the first time. The call shall be made by declaration to the graft of the criminal court 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
  • Advocate General representing the public prosecutor's office
  • Civil party, but only for civil interests. This means that they can challenge the amount of compensation paid, but not the criminal conviction of the accused.

When the appeal is made by the accused or the CrownHowever, it may be limited to the duration of the sentence, without the guilt being contested.

Who shall I contact

The case is then retried by a court of appeal with the following differences:

  • The number of jurors is nine people.
  • The accused or his lawyer and the general counsel may each recuse, that is to say, refuse one more juror.
  • The minimum number of votes necessary during the deliberations to take a decision against the accused concerning his guilt shall be brought to 8.
  • The minimum number of votes necessary during the deliberations for to decide on a sentence is raised to 7 (or to 8 in the case of the imposition of the maximum penalty).

Pending appeal decision, the convicted defendant remains in prison.

FYI  

after the call, it is possible to make a appeal in cassation. The appeal must be lodged within 10 clear days after the decision delivered at the Registry of the Court of Appeal concerned.

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