Section 4: Closure of debates and reading of questions

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…

The chairman may not ask one or more of the questions provided for in Articles 350 or 351 only if he has previously informed the parties of this during the debates and at the latest before the closing arguments, in order to allow the accused and his lawyer to make any observations useful to his defence.

If a contentious incident arises in relation to the questions, the court shall rule in accordance with the conditions laid down in Article 316.

Before the Assize Court retires, the President reads out the following instruction, which is also posted in large print in the most conspicuous place in the deliberation chamber: “Subject to the requirement that reasons be given for the decision, the law does not require each of the judges and jurors making up the assize court to give an account of the means by which they have convinced themselves; it does…

The president has the accused removed from the courtroom. If the accused is free, he shall instruct him not to leave the courthouse for the duration of the deliberation, indicating, where appropriate, the premises or premises in which he is to remain, and shall invite the head of the public order service to ensure that this injunction is complied with. If the foreseeable length of the deliberation so warrants, the…