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Cour d'assises


A French cour d'assises or Assize Court is a criminal trial court with original and appellate limited jurisdiction to hear cases involving defendants accused of felonies, or crimes in French. It is the only French court consisting in a jury trial.

Under French law, a is any criminal act punishable by over 10 years of prison, including murder and rape. (The English word "crime" is "infraction" in French legal terminology). In the past, the cour d'assises could also sentence convicted criminals to the death penalty for certain crimes, but the death penalty was abolished in France in 1981.

Cases are tried by a jury of six jurors and a panel of three active judges, that is, one judge-in-charge (called "president" of the court) and two associate judges (assesseurs), on first hearing, and a jury of nine jurors and a panel of three active judges on appeal. Lists of eligible jurors are put together at random from the list of registered voters, but both the prosecution and defense have the right to peremptory challenge and can refuse a juror without stating a reason.

Special procedures exist for the following categories of crimes and suspects:

The procedure before the Cour d'assises is oral: defendants and witnesses give their testimonies before the court. Witnesses and their close relatives cannot be put under oath, since doing so could force them into self-incrimination or incrimination of a relative.

As in all French criminal trials, the victim is a party with its own attorney besides the public prosecution. If the accused is convicted the court will, without the jury, rule on civil damages.


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