Section 1: Deliberations of the Assize Court

The magistrates of the court and the jurors retire to the deliberation chamber. They may not leave it until they have reached their decisions. If the foreseeable length of the deliberation justifies it, the president may designate any place outside the courthouse as the deliberation chamber.

The court and the jury shall deliberate, and then vote, by written ballot and by separate and successive votes, on the principal fact first, and if necessary, on the grounds of criminal irresponsibility, on each of the aggravating circumstances, on the subsidiary questions and on each of the facts constituting a legal ground for exemption from or reduction of the sentence. The classification of incest provided for in articles 222-22-3…

Each of the magistrates and jurors is given, for this purpose, an open ballot paper, marked with the stamp of the Assize Court and bearing these words: “On my honour and in my conscience, my declaration is …”. He writes in succession or has written secretly the word “yes” or the word “no” on a table arranged in such a way that no one can see the vote written on…

The president counts each ballot in the presence of the members of the court and jury who may check the ballot papers. He shall immediately record the result of the vote in the margin or following the question resolved. Blank ballot papers, or those declared invalid by the majority, shall be counted as favourable to the accused. Immediately after the counting of each ballot, the ballot papers shall be burnt.

A decision unfavourable to the accused shall be made by a majority of at least seven votes when the Assize Court rules at first instance and by a majority of at least eight votes when the Assize Court rules on appeal.

The declaration, when affirmative, states that the majority of votes required by Article 359 at least has been acquired without the number of votes being otherwise expressible.

In the event of a contradiction between two or more answers, the chairman may call for a new vote.

If, when the provisions of Article 349-1, the Assize Court has answered the first question in the affirmative and the second in the negative, it finds the accused guilty. If it has answered negatively to the first question or positively to the second question, it shall find the accused not guilty. If it has answered in the affirmative to the first question and in the affirmative to the second question…

In the event of an affirmative answer on guilt, the president shall read out to the jurors the provisions of articles 130-1,132-1and 132-18 of the Penal Code; if the provisions of the first two paragraphs of Article 132-23 of the same code are applicable, the president also informs them of the consequences of the sentence passed on the security period and the possibility of varying it. The Assize Court then…

If the fact held against the accused does not fall or no longer falls under the application of criminal law, or if the accused is found not guilty, the assize court pronounces the accused acquitted. If the accused benefits from a cause for exemption from punishment, the assize court finds him guilty and exempts him from punishment.