Article 311 of the French Code of Criminal Procedure
November 8, 2023
The assessors and jurors may put questions to the defendants and witnesses by asking the president to speak. They have a duty not to express their opinion.
The assessors and jurors may put questions to the defendants and witnesses by asking the president to speak. They have a duty not to express their opinion.
Subject to the provisions of Article 309, the public prosecutor and the parties’ lawyers may put questions directly to the accused, the civil party, the witnesses and all persons called to the stand, by asking the president to speak. The accused and the civil party may also put questions through the president.
The Public Prosecutor shall, in the name of the law, make any submissions that he or she considers useful: the court is required to take note of them and to deliberate on them. The public prosecutor’s submissions made in the course of the debates are recorded by the court clerk in his minutes. All decisions to which they give rise are signed by the President and by the Registrar.
Where the court does not grant the prosecution’s application, neither the investigation nor the judgment is halted or suspended.
The accused, the civil party and their lawyers may file submissions on which the court is required to rule.
All contentious incidents are settled by the court, the public prosecutor, the parties or their lawyers heard. These rulings cannot prejudge the merits. When the assize court examines the case on appeal, these judgments may only be challenged by way of cassation, at the same time as the judgment on the merits. When the assize court examines the case at first instance, these judgments may not be appealed, but, in…
A copy of the file is made available to the assessors.
At the hearing, the presence of a defence counsel with the accused is mandatory. If the defence counsel chosen or appointed in accordance with Article 274 fails to appear, the president shall appoint one of his own motion.
The accused appears free and only accompanied by guards to prevent him from escaping.
If an accused person refuses to appear, a summons is served on him in the name of the law, by a bailiff appointed for this purpose by the president, and assisted by the force publique. The bailiff shall draw up a record of the summons and of the accused’s reply.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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