Book II: Trial Courts

When the date of the hearing of a case before the Assize Court has been set in accordance with the provisions of Article 238, the president of the assize court shall decide the date for the examination of the accused provided for in Article 272 and that of the criminal preparatory meeting provided for in Article 276-1 with particular regard to the complexity of the case and the number of…

The accused’s lawyer is notified by any means of the date of the examination at least five working days before it takes place. When the accused’s lawyer is present at the examination and the Assize Court is seised to rule following an appeal lodged by the accused without the latter having applied Article 380-2-1 A, the president may ask the accused whether he does not contest the answers given by…

The public prosecutor and the lawyers for all the parties are notified by any means of the date of the preparatory criminal meeting at least five working days before it takes place. This notice specifies how the lawyers will be able to take part in the meeting, in particular by telecommunication. The president of the assize court may attach to this notice a document setting out the projected schedule for…

At the end of the preparatory criminal meeting, which may be held with the assistance of the clerk of the assize court, the president of the assize court shall draw up or cause to be drawn up a report stating: -either that no agreement has been reached between the participants; or -or the agreement reached on the list of witnesses and experts to be called, their order of deposition and…

Non-compliance with the provisions of articles 276-1, D. 45-1 to D. 45-1-2 does not constitute grounds for nullity of the hearing held before the assize court.

Under the last paragraph of Article 131-21 of the Criminal Code, where the Assize Court ruling at first instance or on appeal is likely to order the confiscation of property over which a person other than the accused has a right of ownership, including in the case of the spouse of the accused and where the property forms part of the community, and where this title is known or where…

If justified in the interests of the proper administration of justice, the president of the judicial court or the first president of the court of appeal may decide that a hearing of the assize court held in public pursuant to article 306 will be broadcast live in several courtrooms of the court. In the case of a hearing of an assize court with specialised jurisdiction that extends to the jurisdictions…

In accordance with the provisions of the first paragraph of article 362 of the present code, if the provisions of the first two paragraphs of article 132-23 of the penal code are applicable, the president shall inform the jurors of the consequences of the sentence pronounced on the security period and of the possibility of modulating it, in accordance with the procedures set out in the present article. The president…

In application of article 367, the judgment of the assize court shall be valid as a detention order until the period of detention has reached that of the sentence pronounced, without prejudice to the accused’s right to apply for release, where: the accused is in custody at the time the judgment is handed down and is sentenced, for a felony or misdemeanour, to a term of criminal imprisonment or a…