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Article 304 of the French Code of Criminal Procedure

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…

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Article 304-1 of the French Code of Criminal Procedure

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…

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Article 305-1 of the French Code of Criminal Procedure

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.

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Article 306 of the French Code of Criminal Procedure

The proceedings shall be public, unless publicity would be dangerous to public order or morality. In such a case, the court shall declare this by a judgment given in open court. However, the president may prohibit minors or certain minors from entering the courtroom. When proceedings are brought for rape or torture and acts of barbarism accompanied by sexual assault, trafficking in human beings or aggravated procuring, punishable by the…

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Article 306-1 of the French Code of Criminal Procedure

For the trial of the crimes against humanity mentioned in Subtitle I of Title I of Book II of the Criminal Code, the crime of enforced disappearance mentioned in Article 221-12 of the same code, the crimes of torture or acts of barbarism mentioned in Articles 222-1 to 222-6 of the said code, the war crimes mentioned in Chapter I of Book IV bis of the same code and the…

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Article 308 of the French Code of Criminal Procedure

From the opening of the hearing, the use of any sound recording or broadcasting equipment, television or cinema cameras, or photographic equipment is prohibited on pain of an 18,000 euro fine, which may be imposed under the conditions set out in Title VIII of Book IV. However, the proceedings of the assize court are subject to sound recording under the supervision of the president when the assize court is ruling…

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Article 310 of the French Code of Criminal Procedure

The President is vested with a discretionary power by virtue of which he may, in his honour and conscience, take any measures that he deems useful to discover the truth. He may, if he considers it appropriate, refer the matter to the court, which shall rule in accordance with the conditions set out in Article 316. During the debates, he may call, if necessary by warrant, and hear any persons…

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