Cour d'assises

From Wikipedia, the free encyclopedia

The Cour d'Assises ("Assize Court") in France is the court charged to judge people accused of felonies ("crimes" as known by French law), and one of the few to be composed of a popular jury. According to French law, a felony is an act for which one can be condemned to more than 10 years of prison.

1 Composition of the Cour d'Assises
2 Extraordinary Cours d'Assises
3 Appeal of a Cour d'Assises' decision
4 See also

[edit] Composition of the Cour d'Assises

The Cour d'Assises is chaired by a senior judge called the president of the court. It has 9 jurors plus 3 professional judges on first instance, and 12 jurors plus 3 professional judges on appeal. List of possible jurors are drawn at random from the electoral rolls, but the prosecution and the defense can refuse some jurors (without having to bring any justification).

[edit] Extraordinary Cours d'Assises

Felonies committed by teenagers older than 16 years old are judged by a special children Cour d'Assises (Cour d'Assises des Mineurs).
Felonies related to terrorism or illegal drug trade are also judged by a special Cour d'Assises, which do not include a popular jury. The court consists of seven professional judges on first instance and nine professional judges on appeal.

[edit] Appeal of a Cour d'Assises' decision

There is one Cour d'Assises in each Département. In the past, their decisions could not be appealed to a Court of Appeals, and until January 1, 2001, could only be appealed to the Cour de cassation, which would review the case on questions of procedure and law only, and when overturning, which was uncommon except for capital cases, choose another Cour d'assises to rehear the case. An argument for this situation was that allowing appeals to professional judges after a ruling by a popular jury would in essence deny popular sovereignty. Since 2001, Cour d'assises decisions may be appealed on question of fact to the Cour d'assises of another Departement, which the Cour de cassation will choose, with an extended jury. The case will then be fully retried. Appeals to the Cour de cassation are still possible on procedural questions, jury-based Cours d'assises not being the fittest place to hear them.