Section 5: Judgment

Judgment is given either at the same hearing at which the debates took place, or at a later date. In the latter case, the chairman informs the parties present of the day on which the judgment will be delivered.

If further information is required, the court shall by judgment appoint one of its members who shall have the powers provided for in Articles 151 to 155. This additional information obeys the rules laid down by articles 114,119,120 and 121. The public prosecutor may obtain, if necessary by means of requisitions, communication of the case file at any time during the supplemental investigation, on condition that the documents are returned…

If the court finds that the act constitutes an offence, it shall impose the penalty. It shall rule, where appropriate, on the civil action, and may order the provisional payment, in whole or in part, of the damages awarded. It also has the option, if it cannot rule on the claim for damages as it stands, to award the civil party a provisional payment, enforceable notwithstanding opposition or appeal. After…

With regard to the detained accused, the court may, in any event, by special reasoned decision, where the elements of the case justify the extension of a particular security measure, maintain the detention. For the execution of this decision, the warrant shall continue to have effect.

I.-Where the total term of imprisonment, including any revocation of a suspended sentence, is less than or equal to one year, the criminal court must: 1° Either order that the prison sentence be served under electronically monitored house arrest, semi-liberty or work release, in accordance with the terms and conditions determined by the sentence enforcement judge; 2° Or, if the judge does not have the information required to determine the…

In the case referred to in Article 464, first paragraph, if it is a common law offence or a military offence provided for in Book III of the Code of Military Justice and if the sentence handed down is at least one year’s unsuspended imprisonment, the court may, by special reasoned decision, where the elements of the case justify a particular security measure, issue a committal or arrest warrant for…

Where the acts are committed in a state of legal recidivism, the court may, by special reasoned decision, issue a committal or arrest warrant against the accused, regardless of the length of the prison sentence handed down.

If the court duly seised of an act classified as a misdemeanour by law, considers, at the end of the proceedings, that the act only constitutes a contravention, it shall impose the penalty and rule, if appropriate, on the civil action.

If the offence is a contravention related to a délit, the court shall rule in a single judgment, with a right of appeal against the whole.

If the accused benefits from a legal cause for exemption from punishment, the court shall find him guilty and exempt him from punishment. It shall rule, where appropriate, on the civil action, as set out in the second and third paragraphs of Article 464.