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Article 349 of the French Code of Criminal Procedure

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.

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Article 349-1 of the French Code of Criminal Procedure

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°…

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Article 351 of the French Code of Criminal Procedure

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…

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Article 351-1 of the French Code of Criminal Procedure

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.

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Article 353 of the French Code of Criminal Procedure

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…

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Article 354 of the French Code of Criminal Procedure

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…

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Article 355 of the French Code of Criminal Procedure

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.

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Article 356 of the French Code of Criminal Procedure

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…

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