After taking written observations from the public prosecutor and the parties or their lawyers, the first president of the court of appeal shall designate the assize court responsible for deciding the appeal from among the other assize courts within the jurisdiction of the court of appeal.
However, if the public prosecutor or one of the parties so requests or if the first president deems it necessary to designate an assize court outside this jurisdiction, the public prosecutor shall without delay send to the registry of the criminal division of the Court of Cassation, together with his or her observations, if any, and those of the parties, the contested judgment and, where applicable, the case file.
Within one month of receiving the appeal, the Criminal Division, after having received the written observations of the Public Prosecutor and the parties or their lawyers, if they have not already been given, designates the Assize Court responsible for ruling on the appeal. The procedure is then as in the case of referral after cassation.
Notwithstanding the provisions of the second paragraph of Article 380-1, in the event of an appeal against a decision of the assize court of an overseas department, New Caledonia, French Polynesia and the Wallis and Futuna Islands, the President of the Court of Appeal or the Criminal Division may designate the same Assize Court, with a different composition, to hear the appeal. The provisions of this paragraph are also applicable in the event of an appeal against the decisions of the Assize Court of Mayotte or the Criminal Court of Saint-Pierre-et-Miquelon. In the event of a vacancy, absence, impediment or legal incompatibility, the duties of president of the criminal court hearing appeals and, where applicable, of the assessors who make up the court, are performed by councillors appointed, from a list drawn up for each calendar year, by the first president of the Paris court of appeal, or, for the assize court of Mayotte, by the first president of the court of appeal of Saint-Denis de La Réunion.