Court of Assizes (Belgium)

In Belgium, the Court of Assizes is qualified for the Crime S low registers which cannot be returned in front of the Magistrates' court; namely the Meurtre, the Assassinat or the attempted murder, the taken of hostage.

In Belgium, the political offenses and of press are also returned in front of bases.

Composition

The Court of Assizes is not a permanent jurisdiction. It is made up of three professional magistrates and a jury of 12 citizens. Each province account a Court of Assizes.

Court

The Court is made up of a president and two assessors . The president is a magistrate near the Court of Appeal. Its two assessors are magistrates of the seat of the County court of the place where seat Court of Assizes.

The president is charged to direct the debates, of the order in the courtroom. He also has a discrétionnaire capacity enabling him to take any measurement which he considers necessary to the manifestation of the truth (ex: to ask for the hearing of specific witnesses)

The jury

A jury of bases is composed of 12 citizens . One or more sworn temporary also attend the debates and can constantly be invited to replace one sworn failing.

Sworn are drawn with the fate in the population among the citizens old from 30 to 60 years residing in the province or is held the Court of Assizes.

Other actors

The charge is supported by the prosecuting attorney to which it falls the responsibility to bring the proof of the culpability of the defendant. If the defendant is recognized guilty crime which is reproached to him, the prosecuting attorney claims a sorrow to be applied in the name of the company. The prosecuting attorney is a substitute of the Public prosecutor or the Prosecutor of the King, even a member of the federal Parquet floor. It can also happen that the charge itself is supported by the Prosecutor of the King at the time of a lawsuit of sitted (it was the case in the Procès Dutroux). The prosecuting attorney is also appointed by the terms of “public ministry” or “representative of the company”

The victims or their having possible rights, indicated by civil parts , can be represented by one or more lawyers. The presence of civil parts in a penal procedure, like a lawsuit of bases, is however not obligatory.

the defendant who must answer of the crime is also defended by one or more lawyers. It is about defense .

a clerk also attends the lawsuit by taking written note of the various requests, the possible incidents and the various formalities. The contents of the debates are on the other hand not consigned. Procedure in Court of Assizes being oral.

Operation

A lawsuit of Bases comprises several phase distinct.

Installation of the jury

Each lawsuit of Bases begin with the formation from the jury. A certain number of citizens are convened like candidates sworn at the first day of the lawsuit. They are invited to present itself in the courtroom in front of the Court, the public ministry and defense. Each candidate can ask to be exempted in reasons of personal reasons. The Court appreciates these requests.

After a drawing lot among the remaining candidates, some are presented physically in front of prosecuting attorney and defense. Each part can accept or challenge each introduced candidate. This choice should not however be justified. The process continues until 12 sworn thus that one or more sworn temporary is retained.

Instruction of Audience

A lawsuit of Bases begin with the reading from the bill of indictment by prosecuting attorney. This written document contains a summary of the business treated with a description of the facts complained of as well as a presentation of shown and possibly of the victim.

At the conclusion of the reading of the bill of indictment , the president proceeds to the interrogation of marked on the facts which are reproached to him.

Various pilot and expert is then heard: examining magistrates, investigators, expert psychiatrists, witnesses of the facts, victim, close to the victim and the defendant,…

The examinations of witnesses can last several days, even several weeks.

The president, his assessors, the jury, the various lawyers as well as the defendant have faculty to question the witnesses. The president and the jury must however be impartial in the formulation of their questions in order not to reveal their position.

Discusses on the culpability

Each part will try to prove the culpability of marked or on the contrary its innocence by pleading various arguments. If the defendant is in consents, defense can insist on the circumstances of the facts being able to excuse the act.

the pleadings proceed in a definite order: possible civil parts, public ministry and defense of the defendant.

At the conclusion of the pleadings, each part at the time of answering the arguments defended by the other parts. They are the counterparts .

The president gives then the word lastly to shown by asking to him whether it has something to add for his defense.

Deliberation of the jury

At the conclusion of the instruction of audience and debate on the culpability, a questionnaire is presented to the jury. This one comprises one or more principal questions concerning the culpability of marked and possibly one or more subsidiary questions relative to causes of excuse (ex: the provocation) or on the contrary worsening (ex: premeditation). Sworn will have to answer by yes or by not with these questions without having to justify their choice.

After the presentation of the questionnaire, the 12 sworn are only withdrawn in a room of deliberation where they will discuss together before answering each one by secret bulletin. The 12 sworn are alone in their room. Nobody of other can enter there and sworn are world cups outside during all their deliberation which can last several hours. No maximum time is assigned besides with this deliberation.

The chief of the jury is charged to strip the bulletins. If a majority is favorable to the defendant, he is discharged. In the contrary case, the defendant is declared guilty. The decision of the jury expressed by his answers to the questionnaire constitutes the verdict

The perfect equality, 6 against 6, are favorable to the defendant.

At the conclusion of the deliberation, the jury returns in the courtroom. The chief of the jury makes known the response of the jury to the various questions but without justifying his decision. This phase proceeds in the absence of the defendant.

The defendant is then again introduced gifts the courtroom. The clerk, at the request of the president, means the answers to the questionnaire orally.

In case of payment , the defendant finds freedom immediately.

In the event of verdict of culpability , a debate on the sorrow takes seat.

Particular case

In the case of 7 affirmative responses against 5 negative with a principal question of culpability, the jury makes his return in the courtroom to mean this particular case. The Court (the president and its two assessors) withdraws itself then only to deliberate in order to examine whether it joins in the majority of the jury. If the Court joins itself the jury, the defendant is declared guilty. In the contrary case, the payment is marked.

Discusses on the sorrow

In the event of culpability, the civil parts do not have any more at this stage the right to be expressed. This debate relates to only the public ministry and defense.

The president calls initially on prosecuting attorney for his indictment in which he will claim a sorrow in the name of the company.

The defense of the defendant speaks then to answer this indictment and to possibly find extenuating circumstances with the defendant. This last has then very last once the word.

Contrary to the beginning on the culpability, the Court and the jury withdraw themselves then together to deliberate on the sorrow to inflict. The Court and the jury are free to be more severe or more lenient than prosecuting attorney compared to the arguments developed in the indictment or those advanced by defense.

At the conclusion of this debate, a sorrow is inflicted. It constitutes the stop of the Court of Assizes . Contrary to the verdict, the stop is justified.

In Belgium, the stop of the Court of Assizes is not likely of call; it is returned in first and the last arises. Only a possible appeal is possible for defects of procedure or bad interpretation or application of the law. The Court of appeal will thus not examine the bottom of the business. If the Court of appeal breaks the stop, it returns the business before another Court of Assizes.

Discusses on the civil interests

After the stop, a last public debate, definitely shorter, intervenes apart from the presence of sworn and the defendant. It relates to the compensations claimed by the civil parts.

Towards a reform of the Court of Assizes

To make

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