Section 1: Deliberations of the Assize Court

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Article 362

French Code of Criminal ProcedureIn force
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Updated 8 Nov 2023

In the event of an affirmative answer on guilt, the president shall read out to the jurors the provisions of articles 130-1,132-1and 132-18 of the Penal Code; if the provisions of the first two paragraphs of Article 132-23 of the same code are applicable, the president also informs them of the consequences of the sentence passed on the security period and the possibility of varying it. The Assize Court then deliberates without interruption on the application of the sentence. The vote then takes place by secret ballot, and separately for each defendant.

The sentence is decided by an absolute majority of those voting. However, the maximum custodial sentence incurred may only be pronounced by a majority of at least seven votes when the Assize Court rules at first instance and by a majority of at least eight votes when the Assize Court rules on appeal. If this majority is not in favour of the maximum penalty, a sentence of no more than thirty years' imprisonment may be imposed where the penalty is life imprisonment. The same rules apply in the event of criminal detention. If the Assize Court has answered in the affirmative to the question relating to the application of the provisions of the second paragraph of Article 122-1 of the same code, custodial sentences of a duration equal to or greater than two-thirds of the sentence initially incurred may only be imposed by the qualified majority provided for in the second sentence of this paragraph.

If, after two rounds of voting, no sentence has received a majority of the votes cast, a third round is held in which the highest sentence proposed in the previous round is set aside. If, in this third round, no penalty has yet received an absolute majority of the votes, a fourth round is held and so on, continuing to discard the highest penalty, until a penalty is passed.

When the assize court pronounces a correctional sentence, it may order by a majority that the sentence be suspended with or without probation.

The assize court also deliberates on accessory or complementary penalties.

In the cases provided for in Article 706-53-13, it will also consider whether to decide whether to re-examine the sentenced person's situation before serving the full sentence, with a view to possible secure detention in accordance with Article 706-53-14.

Mariela Petrova

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A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

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Mariela Petrova

Mariela Petrova

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15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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