Chapter VI: Debates

The proceedings shall be public, unless publicity would be dangerous to public order or morality. In such a case, the court shall declare this by a judgment given in open court. However, the president may prohibit minors or certain minors from entering the courtroom. When proceedings are brought for rape or torture and acts of barbarism accompanied by sexual assault, trafficking in human beings or aggravated procuring, punishable by the…

For the trial of the crimes against humanity mentioned in Subtitle I of Title I of Book II of the Criminal Code, the crime of enforced disappearance mentioned in Article 221-12 of the same code, the crimes of torture or acts of barbarism mentioned in Articles 222-1 to 222-6 of the said code, the war crimes mentioned in Chapter I of Book IV bis of the same code and the…

The proceedings may not be interrupted and must continue until the case has been concluded by the judgment of the assize court. They may be suspended for the time necessary for the judges, the civil party and the accused to rest.

From the opening of the hearing, the use of any sound recording or broadcasting equipment, television or cinema cameras, or photographic equipment is prohibited on pain of an 18,000 euro fine, which may be imposed under the conditions set out in Title VIII of Book IV. However, the proceedings of the assize court are subject to sound recording under the supervision of the president when the assize court is ruling…

The chairman has the police of the hearing and the direction of the debates. He rejects anything that would tend to compromise their dignity or prolong them without giving reason to hope for greater certainty in the results.

The President is vested with a discretionary power by virtue of which he may, in his honour and conscience, take any measures that he deems useful to discover the truth. He may, if he considers it appropriate, refer the matter to the court, which shall rule in accordance with the conditions set out in Article 316. During the debates, he may call, if necessary by warrant, and hear any persons…

The assessors and jurors may put questions to the defendants and witnesses by asking the president to speak. They have a duty not to express their opinion.

Subject to the provisions of Article 309, the public prosecutor and the parties’ lawyers may put questions directly to the accused, the civil party, the witnesses and all persons called to the stand, by asking the president to speak. The accused and the civil party may also put questions through the president.

The Public Prosecutor shall, in the name of the law, make any submissions that he or she considers useful: the court is required to take note of them and to deliberate on them. The public prosecutor’s submissions made in the course of the debates are recorded by the court clerk in his minutes. All decisions to which they give rise are signed by the President and by the Registrar.

Where the court does not grant the prosecution’s application, neither the investigation nor the judgment is halted or suspended.