Court of Assizes (France)

In France, the Court of Assizes is a court of jurisdiction to consider the people marked to have made a Crime. The crimes are the most serious infringements (Assassinat, Meurtre, Empoisonnement, Viol, Vol with weapon…). It is also qualified to consider the infringements related with a crime which would be the principal infringement.

Composition

Whereas in the countries of Common law, in particular the the United States, one largely uses the system of the jury (including in the suits at law), in France, only the criminal jurisdictions which are the Court of Assizes, the criminal court and the court with the armies include/understand the sworn popular ones. The Court of Assizes is composed of “the court itself” (three professional magistrates: a president having row to advise with the Court of Appeal and two assessors) and a Juries composed of sworn nine (in first authority) or of twelve (in call).

The charge is supported by a magistrate parquet floor, called prosecuting attorney by reference to the magistrates carrying this title with the Court of Appeal.

The popular jury is composed citizens of more than 23 years, knowing to read and write in French, enjoying their political, civil rights and of family, and being in any case of incapacity or incompatibility (members of the government, members of Parliament, magistrates, police officers…). Sworn are drawn with the fate on the drawn up lists of the criminal jury every year in each department. This annual list is used for the drawing lot of sworn session, which can have to sit during a given session.

It is in this list of session that are drawn with the fate, at the beginning of each business considered, sworn which will compose the jury. As the names are drawn with the fate, the defendant can challenge of them five and the public ministry four (respectively six and five if it is in call). Sworn additional (Article 296 of the Code of the penal procedure ) is also drawn with the fate in order to replace sworn which could be victims of a prevention in the course of lawsuit; they do not take part in the deliberations (their number is decided by the president after proposal of the public ministry and consultation of the assessors, and is often function of the duration envisaged of the lawsuit). Sworn selected cannot normally be exempted except justifying about it health issue or being old of more than 70 years. If sworn does not present itself to the court, it can be condemned to a strong fine. Moreover, it receives an allowance of appearance, an allowance of voyage and stay (travelling expense, meal) like, possibly, an allowance of loss of wages.

Certain crimes are judged by a special Court of Assizes:

• those made by the minors of more than 16 years are judged by the Court of Assizes of the minors whose magistrates assessors are, except impossibility, of the judges of the children;
• the Court of Assizes without sworn (made up of seven professional magistrates in first authority and of nine magistrates in call) can rule as regards Terrorisme, of traffic of Stupéfiant S, of military infringements, like on the continuations for crimes committed by soldiers in the performance of their duties.

Provision

The provision of a Court of Assizes is the following one: the president vis-a-vis the bar, is surrounded by each side by his two Assesseur S and the sworn . On the right of the bar the lawyers defense and on the left the Prosecuting attorney are, with Juste behind him the lawyer of the civil left.

The lawsuit

A decision of judgment requires at least 8 votes out of 12 (the majority of sworn is thus obligatory).

Debates

It is the president who carries out the debates. It proceeds to the various interrogations (left civil, shown (S), witness (S), experts) and invites the various parts to be expressed. Indeed, at the time of a lawsuit, no speech is done in an inopportune way: if an defendant, a lawyer, the sworn prosecuting attorney, one or even an assessor wish to intervene, it informs it the president who, then, gives him the word.

One sworn has the right to raise questions with the one of the parts, a witness or an expert - what is logical since it will belong to him to slice on the culpability and the sorrow. He can do it while addressing himself directly to the person (after having asked the authorization of it to the president, or after request of this last). These questions must be neutral (including in their formulation) and not suggest any party taken. In case of doubt, one sworn can to transmit its question written to president, which will be given the responsability to possibly pose it at the time which will seem to him adequate, by reformulating it.

The president also ensures the " police" lawsuit. It takes care that the debates proceed within the framework fixed by the legislator. It also takes care that the debates remain understandable.

The indictment

The prosecuting attorney reconsiders the facts and proposes a sanction.

The pleading

The lawyer (S) of defense argues (NT) in favor of shown or the defendants. According to the cases: innocence or extenuating circumstances.

Deliberations

The judge, his two assessors and the jury withdraw themselves to deliberate. During these deliberations, two votes will intervene:

• the vote on the culpability: is the defendant guilty counts of indictment who were retained against him?
• the vote on the sorrow: it is a question of determining which sorrow will sanction the facts whose defendants were recognized guilty.

It should be noted that the president and his two assessors take part in the votes: the voices of these magistrates count as much as those of sworn (3 votes out of 12 in first authority).

Sessions

There is a Court of Assizes by department. It does not sit in a permanent way but by sessions, which are taken place in theory every three months (a session per quarter with sometimes an additional session). The Courts of Assizes of the most populated departments sit in fact in a continuous way (Paris, Seine-Saint-Denis, etc).

Call

See also: Court of Assizes of call

Since the law of June 15th, 2000, the Court of Assizes can also know calls formed against the stops of another Court of Assizes having ruled in the first resort. One speaks about circular call.

There did not exist possibility of call against the decisions of the Courts of Assizes until there but the European Cour of the human rights never had reprimand France on this subject, estimating that the requirements of the fair trial were filled by the only possibility of a Pourvoi in cassation. Traditionally, the fact was justified that the Courts of Assizes rule in first and the last arises by their composition: supposed to represent the supremely judging people, the decisions of the Courts of Assizes could not be likely of error.

The reform drew the conclusions from the dogmatic character of this reasoning which was translated, in fact, by the suppression of an important guarantee of good justice, the double degree of jurisdiction, while at the same time the incurred sorrows and indeed marked would have justified, on the contrary, more safety.

In practice, the rate of call-up is rather weak. The introduction of the call being still very recent, the precise causes of the low number of call are badly given. No doubt the risks of aggravation of the sorrow in call constitute one of the reasons of this disaffection.

References

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