The president or one of the assessors designated by him or her writes the grounds for the judgment. In the event of a conviction, the statement of reasons shall consist of a statement of the main prosecution evidence which, for each of the acts with which the accused is charged, convinced the assize court and which was set out during the deliberations conducted by the court and jury pursuant to…
The Assize Court then returns to the courtroom. The president calls the accused to appear, reads out the answers made to the questions, and pronounces the judgment of conviction, absolution or acquittal. The texts of the law to which application is made are read out at the hearing by the president; mention of this reading is made in the judgment. The reading of the texts of the law and the…
If the accused is exempted from punishment or acquitted, if he is sentenced to a penalty other than a firm custodial sentence, or if he is sentenced to a firm custodial sentence covered by pre-trial detention, he shall be released immediately if he is not being held for any other reason. In other cases, if the accused is sentenced to a term of criminal imprisonment as long as the judgment…
No person who has been legally acquitted may again be convicted or charged in respect of the same acts, even under a different characterisation.
Where in the course of the proceedings charges are brought against the accused in respect of other facts, and where the public prosecutor’s office has made reservations for the purposes of prosecution, the president shall order that the acquitted accused be, by the forces of law and order, taken without delay before the public prosecutor at the seat of the assize court, who must immediately request that an investigation be…
After pronouncing the judgment, the presiding judge will, if appropriate, warn the accused of the option granted to him, depending on the case, to lodge an appeal or appeal in cassation and will inform him of the time limit for lodging an appeal or appeal.
After the assize court has ruled on the public prosecution, the court, without the assistance of the jury, rules on the claims for damages made either by the civil party against the accused, or by the acquitted accused against the civil party, after the parties and the public prosecutor have been heard. The court may appoint one of its members to hear the parties, take cognisance of the exhibits and…
The court may reserve its decision on the civil action. It may also, after hearing the observations of the parties, postpone this decision to a later hearing, the date of which it shall fix. This postponement is automatic at the request of the civil parties. The hearing on civil interests takes place at the judicial court in whose jurisdiction the assizes were held. Unless the civil party or the accused…
The civil party, in the case of acquittal as in the case of exemption from punishment, may claim compensation for the damage resulting from the fault of the accused, as it results from the facts which are the subject of the accusation.
The court may order, of its own motion or at the request of a party or any interested person, the restitution of objects placed in the hands of justice. However, if there has been a conviction, such restitution shall only be made if the beneficiary proves that the convicted person has allowed the time limits to pass without appealing to the Supreme Court, or if he has appealed, that the…
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is a Registered Trademark of
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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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