Subtitle II: The departmental criminal court

By way of derogation from Chapters I to V of Subtitle I of this Title, adults accused of a crime punishable by fifteen years or twenty years of criminal imprisonment, when it is not committed in a state of legal recidivism, shall be tried at first instance by the departmental criminal court. This court shall also have jurisdiction to try related offences. This court shall also have jurisdiction to try…

The departmental criminal court, which sits in the same place as the assize court or, by way of exception and under the conditions set out in article 235, in another judicial court in the same département, is made up of a president and four assessors, chosen by the first president of the court of appeal, in the case of the president, from among the presidents of chambers and councillors in…

At the suggestion of the public prosecutor, the hearing of the departmental criminal court is set by its president or, at the request of the public prosecutor, by the first president of the court of appeal.

The departmental criminal court shall apply the provisions of this code relating to the assize courts subject to the following reservations: 1° No account shall be taken of provisions that mention the jury or jurors; 2° The powers conferred on the assize court shall be exercised by the departmental criminal court and those conferred on the president of the assize court shall be exercised by the president of the departmental…

If the departmental criminal court considers, during or after the hearings, that the facts before it constitute a crime punishable by thirty years’ imprisonment or life imprisonment, it refers the case to the assize court. If the accused appeared in custody, he shall remain in pre-trial detention until his appearance before the assize court; otherwise, the departmental criminal court may, after hearing the public prosecutor and the parties or their…

An appeal against the decisions of the departmental criminal court shall be heard by the assize court under the conditions laid down in subtitle I of this title for appeals against judgments handed down by assize courts of first instance.

For the purposes of the provisions relating to legal aid, the departmental criminal court is treated in the same way as the assize court.