Criminal jury (France)

Composition

Court of Assizes

In France, the jury in Court of Assizes is composed of 9 sworn (12 in call), of the President of the Court of Assizes and its 2 assessor S. According to article 359 of the Criminal procedure code, the judgment of marked can be obtained only in the majority of 8 votes (10 votes in call). Sworn are indicated according to a complex procedure which comprises 3 phases (articles 255 and following of the CP):

It is established, in each department, by way of drawing lot, an annual list of sworn according to a preparatory list, drawn up same manner by the Maire of each common starting from the electoral roll. This annual list counts 200 names at least, namely one 1 sworn for 1300 inhabitants in each department S of province and 1 per 1800 with Paris. It is subordinated to the respect of several conditions:
1. To be French,
2. To have more than 23 years,
3. Lire and to write in French,
4. Jouir his civic rights and family,
5. not to have incurred a certain number of judgments, in particular a custodial sentence higher than 6 months;
at least Thirty days before the opening of bases, the First president of the court draws with the fate the sworn names of 40 which are reproduced on the annual list and which draw up the list of session;
According to the same procedure, it draws up then a special list comprising 12 sworn temporary;
the jury of judgment is indicated by way of drawing lot before each business and must include/understand 9 names. The defendant can challenge 5 sworn and the sworn Public ministry 4 (respectively 6 sworn and 5 sworn in the event of call), without having to specify the reasons of them.

Incompatibilities (Article 257 CP)

One cannot be sworn if one is:

member of the Government, the Parliament, the Constitutional council, the Superior council of the magistrature, the Economic and Social Council,
member of the Council of State or the Court of Auditors,
magistrate of the legal order, member of the administrative courts, magistrate of the bankruptcy courts, assessor of the equal courts of the rural beams and conciliation board adviser,
general secretary of the government or a ministry, director of ministry, member of the body prefectoral, civil servant of the police services, soldier in activity and equipped with an use,
civils servant of the police services or prison authorities, military of the national police, in line of business.

One cannot be sworn if one already fulfilled this function in same the department during the 5 last years or if one is relative with the defendant, with another member of the jury, one of the magistrates member of the court, with the prosecutor or with one of its lawyers.

Obligation of presence

A named person sworn cannot refuse and is held to fulfill her functions. Can be exempted:

elderly of more than 70 years,
people not living more the department,
people being able to justify of a serious reason: disease justified by a doctor's certificate, imperative professionals or family.

Sworn have to announce to the court or the President the diseases or affections incompatible with the function of sworn (deafness, impossibility of maintaining a sitting position prolonged, etc) or the other circumstances which would not allow not sworn to fulfill its functions suitably (bad comprehension of French, illiteracy, etc).

In the event of not justified absence, sworn exposes itself to penal sanctions. As of the opening of the session, the Greffier proceeds to the call of sworn. If an absence is noted, the court examines whether the person has a legitimate excuse. In the contrary case, she pronounces a fine of 15 euros the first time.

Sworn to allowances be is entitled, under the terms of the Criminal procedure code. There are 4 kinds there:

an daily allowance of session,
an daily allowance of stay,
a transport allowance,
an allowance for loss of earned income.

However, these allowances are not versed of office, they must be required of the clerk's office of the court of the Court of Assizes.

Criminal court

The jury of the criminal Court of Saint-Pierre-and-Miquelon is composed of four sworn when the criminal court rules in the first resort and of six sworn when it rules in call (Article 921 CP).

Court with the armies

The court with the armies includes/understands a jury when he judges the crimes of common right made by soldiers in the execution of the service, unless there does not exist a risk of disclosure of a secrecy of national defense (in this last case, the jury is replaced by four additional assessors).

Duties and Rights

Sworn must fill a certain number of duties, but it also has rights for exerting its function well.

Duties

the duty of attention: sworn must pay an special attention to the debates, as well with those which give a report on loads against the defendant as with those which are favorable for him. If the carelessness of one sworn is obvious, the court can replace it by one sworn additional. Failing this, that could lead to the cassation of the stop.
the duty of impartiality and prohibition to express its opinion : the Présomption of innocence is a basic principle of criminal justice. Sworn must thus remain impartial and not express any opinion.
prohibition to communicate : sworn commit themselves speaking about the business with other people only the others sworn and the Magistrat S of the court. They cannot speak with the parts with the lawsuit or journalists.
the secrecy of the deliberations : the secrecy guarantees a total freedom of expression of sworn during deliberated and puts them safe from any pressure. Its violation constitutes a punished offense of a custodial sentence and a fine. The secrecy must be maintained even after the definite decision.

Rights

right to information : the President of the Court of Assizes is held to inform sworn of their rights.
right to put questions: with the defendant, the witnesses, the experts. It is however necessary to have asked the word to the president and to take care not to express its opinion in the question. If sworn fears to make an awkwardness, it can address a ticket to the President of the court which will put the question in its place.
right to take notes : that is even recommended.

Oath (Article 304 CP)

Sworn must lend oath to the opening of the lawsuit. The President pronounces these words then: " You swear and promise to examine with the most scrupulous attention the loads which will be carried against X…, not to betray neither the interests of the defendant, nor those of the company which shows it; to communicate with nobody until your declaration; not to listen to neither hatred or spite, nor fear or affection; to decide to you according to the loads and the means of defense, according to your conscience and your inward conviction with the impartiality and the firmness which are appropriate for a honest and free man, and to preserve the secrecy of the deliberations even after the suspension of your functions. " Each sworn then individually has to lend oath, while raising the hand and by saying " I swear it ".

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