Chapter VI: Debates

The President declares the debates closed. He may not summarise the pleas of the prosecution and the defence. He orders that the record of the proceedings be deposited in the hands of the clerk of the assize court; however, he retains for the deliberation provided for in the articles 355 et seq, the committal decision and, in the event of an appeal, the judgment handed down by the assize court…

The president reads out the questions to be answered by the court and jury. This reading is not obligatory when the questions are asked in the terms of the committal order or if the accused or his defence counsel waives it.

Each main question is asked as follows: “Is the accused guilty of having committed such and such an act?” A question is asked about each fact specified in the operative part of the indictment decision. Each aggravating circumstance is the subject of a separate question. The same applies, when invoked, to each legal cause for exemption or reduction of the sentence.

Where the existence of one of the grounds of lack of criminal responsibility provided for by the articles 122-1 (first paragraph), 122-2, 122-3, 122-4 (first and second paragraphs), 122-5 (first and second paragraphs) and 122-7 of the Criminal Code, each fact specified in the operative part of the committal decision is the subject of two questions put as follows: “1° Has the accused committed such and such an act?”; “2°…

If one or more aggravating circumstances, not mentioned in the committal order, emerge from the proceedings, the chairman will ask one or more special questions.

If it emerges from the proceedings that the offence has a legal classification other than that given by the decision to bring the indictment, the President shall put one or more subsidiary questions. Where the accused of full age is indicted on the charge of rape aggravated by the victim’s minority of fifteen years, the president shall ask the subsidiary question of the qualification of sexual assault on the person…