French Code of Criminal Procedure
In forceWhere the criminal court, in its composition provided for in the third paragraph of
Article 398, finds that the classification used in the document referred to it does not fall within the provisions of
Article 398-1, it shall refer the case to the criminal court sitting under the conditions provided for in the first paragraph of Article 398.
Where the Criminal Court, in its composition provided for by the first paragraph of Article 398, finds that the characterisation adopted in the act referred to it falls within the provisions of Article 398-1, and subject to the provisions of the last paragraph of that Article, the case may either be referred to the Criminal Court sitting under the conditions provided for by the third paragraph of Article 398, or be judged by the president alone.
The Criminal Court sitting in the composition provided for by the third paragraph of Article 398 may, if this referral appears to it to be justified due to the complexity of the facts or, in particular with regard to the provisions of the last paragraph, due to the size of the penalty likely to be imposed, decide, of its own motion or at the request of the parties or the Public Prosecutor, to refer the case to the Criminal Court sitting in the conditions provided for in the first paragraph of the same Article. The provisions of the preceding paragraph do not then apply. This decision constitutes a measure of judicial administration which is not subject to appeal.
The correctional court sitting in its composition provided for by the third paragraph of article 398 may not impose a fixed prison sentence of more than five years.
