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 on an appeal, unless all the accused expressly waive this requirement; when the assize court is ruling at first instance, the president may, of his own motion or at the request of the public prosecutor or the parties, order this recording. The president may also, at the request of the victim or the civil party, order that the hearing or statement of the latter be subject to an audiovisual recording, under the same conditions.
The media of this recording are placed under seal and deposited at the registry of the assize court. The recording may be placed under digital seal in accordance with procedures defined by order.
The audiovisual sound recording may be used before the assize court, until the judgment is delivered; if it is used during the deliberation, the formalities provided for in the third paragraph of article 347 shall apply. The sound or audiovisual recording may also be used before the Assize Court ruling on appeal, before the Court of Revision and Reconsideration hearing an application for revision, or, after cassation or annulment on an application for revision, before the referring court.
The seals shall be opened by the first president or by a magistrate delegated by him, in the presence of the convicted person assisted by his lawyer, or them duly summoned, or in the presence of one of the persons referred to in 4° of article 622-2, or they duly summoned.
After presentation of the seals, the first president shall arrange for an expert to transcribe the recording, which shall be attached to the record of the proceedings.
The provisions of this article are not prescribed on pain of nullity of the proceedings; however, the failure to make a sound recording, where this is compulsory pursuant to the second paragraph, shall constitute grounds for setting aside the judgment of conviction if it is established that it had the effect of prejudicing the interests of the convicted person.