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Section 2: Composition of the court and conduct of hearings

Article 398 of the French Code of Criminal Procedure

The criminal court is composed of a president and two judges. When a trial appears likely to involve lengthy debates, the president of the judicial court may decide that one or more additional sitting magistrates will attend the debates. In the event that one or more sitting magistrates making up the criminal court are prevented from attending the proceedings until judgment is delivered, they shall be replaced by the additional…

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Article 398-1 of the French Code of Criminal Procedure

The following offences shall be tried in accordance with the conditions laid down in the third paragraph of Article 398, when they are punishable by a sentence of less than or equal to five years’ imprisonment: 1° The offences listed below, provided for in the following provisions of the penal code : – violence as provided for in articles 222-11, 222-12, 222-13 and 222-14-5; – malicious calls or messages and…

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Article 398-2 of the French Code of Criminal Procedure

Where the criminal court, in its composition provided for in the third paragraph of Article 398, finds that the classification used in the document referred to it does not fall within the provisions of Article 398-1, it shall refer the case to the criminal court sitting under the conditions provided for in the first paragraph of Article 398. Where the Criminal Court, in its composition provided for by the first…

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Article 399 of the French Code of Criminal Procedure

The number and day of correctional hearings are set by joint decision of the president of the judicial court and the public prosecutor. The same applies to the provisional composition of these hearings, without prejudice to the public prosecutor’s own powers with regard to hearings. The decisions provided for in this article shall be taken, after consultation with the general meeting of the court, at the end of the judicial…

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