Article 240 of the French Code of Criminal Procedure
November 8, 2023
The assize court comprises: the court itself and the jury.
The assize court comprises: the court itself and the jury.
The functions of the public prosecutor shall be exercised there under the conditions defined in articles 34 and 39. However, the public prosecutor may delegate any magistrate of the public prosecutor’s office within the jurisdiction of the court of appeal to an assize court established within that jurisdiction.
The assize court is, at the hearing, assisted by a court clerk. In Paris and in the departments where a court of appeal sits, the duties of the registry are performed by a director of judicial registry services or a registrar of the court of appeal. In other departments, they are performed by a director of judicial registry services or a registrar of the judicial court.
The court itself comprises: the president and assessors.
The Assize Court is presided over by a chamber president or a councillor of the Court of Appeal.
The President of the Assize Court is appointed by order of the First President.
If the president of the assizes is prevented from attending before the opening of the session, he is replaced by order of the first president. If the president of the assizes is prevented from attending during the session, he is replaced by the highest-ranking assessor.
The first president may preside over the assize court whenever he or she sees fit.
There are two assessors. However, they may be joined by one or more additional assessors if the duration or importance of the session makes this necessary. The additional assessors sit at the hearings. They only take part in deliberations if a titular assessor is unable to attend, as established by a reasoned order of the president of the assize court.
The assessors are chosen either from among the councillors of the court of appeal, or from among the presidents, vice-presidents, or judges within the jurisdiction of the court of appeal. The first president of the court of appeal may designate one of the assessors, when the assize court rules at first instance, from among the magistrates exercising a temporary judicial function or, when it rules at first instance or on…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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