Section 2: Formation of the jury

The jurors are seated in the order designated by lot, alongside the court, if the layout of the premises permits, and otherwise on seats separated from the public, the parties and the witnesses, opposite the one intended for the accused.

The President addressed the jurors, standing uncovered, as follows: “You swear and promise to examine with the most scrupulous attention the charges that will be brought against X….to betray neither the interests of the accused, nor those of the company accusing him, nor those of the victim; not to communicate with anyone until after your statement; not to listen to hatred or malice, nor to fear or affection; to remember…

When the assize court ruling on appeal is to rule solely on the sentence, the speech to the jurors provided for in Article 304 is amended as follows: 1° The words: “the charges to be brought against X …” are replaced by the words: “the evidence against X which led to his conviction”; 2° The words: “to remind you that the accused is presumed innocent and that doubt must benefit…

The chairman declares the jury finally constituted.

A plea alleging a nullity other than those purged by the referral decision that has become final or pursuant to article 269-1 and tainting the proceedings prior to the opening of the hearings must, on pain of foreclosure, be raised as soon as the trial jury has been finally constituted. This contentious incident is settled in accordance with the provisions of article 316.