On the day of the hearing, after the report, the applicant and the judicial agent of the State or their respective lawyers are heard in their observations, whichever of the persons listed in 1° and 2° of Article R. 40-4 who is the author of the appeal or his lawyer who has the floor first. Where the appeal has been lodged by the public prosecutor at the court of appeal, the applicant or his lawyer has the floor first.
The public prosecutor at the Court of Cassation develops his conclusions.
The applicant and the judicial agent of the State or their respective lawyers may then reply, the applicant or his lawyer having the floor last.