Chapter IV: Preparatory proceedings for assize sessions

As soon as the indictment decision has become final or, in the event of an appeal, as soon as the judgment designating the appeal assize court has been served, the accused, if detained, is transferred to the remand prison in the place where the assizes are being held.

Where the accused has not been duly informed, as the case may be, of his indictment or of his status as a party to the proceedings, of the notice of the end of the judicial investigation or of the committal order and where this failure is not the result of a manoeuvre on his part or of his negligence, he may submit a request to the president of the investigating…

If the accused is at large or fails to appear, he may be tried in absentia in accordance with the provisions of Chapter VIII of this Title. Where the accused is at large, however, the date of the hearing at which he is to be tried in absentia must be served on him at his last known address or at a bailiff’s office or, failing that, at the public prosecutor’s…

If the case is not to be tried at the seat of the court of appeal, the case file is returned by the public prosecutor to the registry of the judicial court, where the assizes are held. The exhibits are also transported to the registry of this court.

The president of the assize court shall question the accused as soon as possible, after the latter’s arrival at the prison and the handing over of the documents to the clerk’s office. If the accused is at liberty, the procedure shall be as set out in Article 272-1. The President may delegate one of his assessors to conduct this examination. An interpreter must be called in if the accused does…

If the accused, after having been summoned through administrative channels to the assize court registry, fails to appear, without legitimate excuse, on the day set for questioning by the assize court president, the latter may, by reasoned decision, issue a warrant for his arrest. During the course of the assize court hearing, the court may also, at the request of the public prosecutor, issue a committal or arrest warrant if…

After, where appropriate, informing the accused of his right to be assisted by an interpreter, the president questions him about his identity and ensures that he has been notified of the committal decision or, in the event of an appeal, of the decision designating the appeal assize court.

The accused is then invited to choose a lawyer to assist him in his defence. If the accused does not choose his lawyer, the president or his delegate appoints one for him ex officio. This designation is null and void if the accused subsequently chooses a lawyer.

Exceptionally, the chairman may authorise the accused to take one of his relatives or friends as counsel.

The completion of the formalities prescribed by articles 272 to 275 is recorded in a report signed by the president or his delegate, the court clerk, the accused and, if applicable, the interpreter. If the accused is unable or unwilling to sign, the minutes shall so state.