French Code of Criminal Procedure
In forceAs an exception to the provisions of Title I of Book II, in particular articles 240 and 248, first paragraph, and subject to the provisions of Article 698-7, the assize court provided for by articles 697 and 697-4 is composed of a president and, when ruling at first instance, four assessors, or when ruling on appeal, six assessors. These assessors are appointed as set out in paragraphs 2 and 3 of article 248 and in articles 249 to 253. When the Assize Court rules at first instance, the First President of the Court of Appeal may appoint a maximum of two assessors from among the magistrates acting in a temporary capacity or honorary magistrates exercising judicial functions under the conditions set out in Section II of Chapter V bis of Ordinance no. 58-1270 of 22 December 1958 on the organic law relating to the status of magistrates. When it rules on appeals, it may appoint a maximum of three assessors from among the honorary magistrates exercising judicial functions under the conditions provided for in the same Section II.
The court thus composed shall apply the provisions of Title I of Book II subject to the following reservations:
1° No account shall be taken of the provisions which mention the jury or jurors;
2° The provisions of Articles 254 to 267,282,288 to 292,293, paragraphs 2 and 3,295 to 305 shall not apply;
3° For the application of articles 359,360 and 362, decisions are taken by majority.
The last two paragraphs of Article 347 are not applicable and the assize court may deliberate in possession of the entire case file.
Notwithstanding the provisions of the second paragraph of Article 380-1, in the event of an appeal against a decision of an assize court composed as provided in this Article, the Criminal Division of the Court of Cassation may designate the same assize court, otherwise composed, to hear the appeal.
