Composition of the tribunal and holding of hearings
LexInter | October 7, 2017 | 0 Comments

Composition of the tribunal and holding of hearings

CODE OF CRIMINAL PROCEDURE
(Legislative Part)

Section II: Composition of the tribunal and holding of hearings

Article 398

(Law nº 75-701 of August 6, 1975 art. 6 Official Journal of August 7, 1975 in force on January 1, 1976) (Law nº 93-2 of January 4, 1993 art. 58 Official Journal of January 5, 1993 in force on January 1 1994) (Law nº 93-1013 of August 24, 1993 art. 18 Official Journal of August 25, 1993 in force on September 2, 1993) (Law nº 95-125 of February 8, 1995 art. 36 Official Journal of February 9, 1995 in force on March 6, 1995) (Law n ° 99-515 of June 23, 1999 art. 7 Official Journal of June 24, 1999)

The criminal court is made up of a president and two judges.
When a trial appears likely to lead to lengthy debates, the president of the tribunal de grande instance may decide that one or more additional judges will attend the proceedings. In the event that one or more magistrates of the bench making up the criminal court are prevented from following the proceedings until the delivery of the judgment, they are replaced by the additional magistrate or magistrates, in the order of their appointment to the high court. instance, starting with the oldest of the highest rank.
However, for the judgment of the offenses listed in article 398-1 unless the penalty incurred, taking into account the legal recidivism of the accused, is greater than five years of imprisonment, it is composed of only one of these magistrates exercising the powers conferred on the president.
The appointment of the magistrates of the correctional court called to rule under the conditions provided for in paragraph 3 is made by the president of the district court in accordance with the modalities fixed for the distribution of judges between the various chambers of this court; if necessary, the president of the correctional court distributes the cases between these magistrates.
The decisions provided for in this article are administrative measures which cannot be appealed against.

Article 398-1

(Law n ° 72-1226 of December 29, 1972 art. 2 Official Journal of December 30, 1972 in force on January 1, 1973) (Law n ° 92-1336 of December 16, 1992 art. 32 Official Journal of December 23, 1992 in force on March 1 1994) (Law nº 95-125 of February 8, 1995 art. 37 Official Journal of February 9, 1995 in force on March 6, 1995) (Law nº 96-647 of July 22, 1996 art. 18 Official Journal of July 23, 1996) (Law n ° 2001-602 of July 9, 2001 art. 66 X Official Journal of July 11, 2001) (Law n ° 2002-1138 of September 9, 2002 art. 41 Official Journal of September 10, 2002)

The following are judged under the conditions provided for in the third paragraph of article 398:
1 ° The offenses provided for by articles 66 and 69 of the decree-law of October 30, 1935 unifying the law in matters of checks and relating to payment cards;
2 ° The offenses provided for by the highway code as well as, when they are committed while driving a vehicle, by articles 222-19, 222-20, 223-1 and 434-10 of the code criminal;
3 ° offenses relating to the coordination of transport;
4 ° The offenses provided for by 2 ° of article 32 of the decree-law of April 18, 1939 fixing the regime of war materials, arms and ammunition;
5 ° The offenses provided for by articles 222-11, 222-12 (1º to 10º), 222-13 (1º to 10º), 222-16, 222-17, 222-18, 222-32, 227-3 to 227 -11, 311-3, 311-4 (1º to 8º), 313-5, 314-5, 314-6, 321-1, 322-1 to 322-4, 322-12, 322-13, 322- 14, 433-3, first paragraph, 433-5, 433-6 to 433-8, first paragraph, 433-10, first paragraph, and 521-1 of the penal code and L. 628 of the public health code;
6 ° The offenses provided for by the rural code in matters of hunting, fishing and the protection of fauna and flora and the offenses provided for by the decree-law of 9 January 1852 in matters of sea fishing;
7 ° The offenses provided for by the forestry code and by the town planning code for the protection of woods and forests;
8 ° The offenses for which a prison sentence is not incurred, with the exception of press offenses.
However, the court must rule under the conditions provided for in the first paragraph of article 398 when the accused is in pre-trial detention when he appears at the hearing or when he is being prosecuted according to the immediate appearance procedure. It also rules under the conditions provided for by the first paragraph of article 398 for the judgment of the offenses provided for in this article when these offenses are related to other offenses not provided for by this article.

Article 398-2

(Law nº 72-1226 of December 29, 1972 art. 2 Official Journal of December 30, 1972 in force on January 1, 1973) (Law nº 95-125 of February 8, 1995 art. 38 Official Journal of February 9, 1995 in force on March 6 1995) (Law n ° 99-515 of June 23, 1999 art. 7 Official Journal of June 24, 1999)

When the correctional court, in its composition provided for by the third paragraph of article 398, finds that the qualification retained in the act which refers to it does not fall within the provisions of article 398-1, it refers the case to the correctional court sitting under the conditions provided for in the first paragraph of article 398.
When the correctional court, in its composition provided for in the first paragraph of article 398, finds that the qualification retained in the act which refers to it falls within of the provisions of article 398-1, and subject to the provisions of the last paragraph of this 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 correctional court sitting in its composition provided for by the third paragraph of article 398 may, if the complexity of the facts justifies it, decide, of its own motion or at the request of the parties or of the public prosecutor, to refer the case to the correctional court sitting under the conditions provided for in the first paragraph of the same article. The provisions of the preceding paragraph are then not applicable. This decision constitutes a measure of judicial administration which cannot be appealed against.

Article 398-3

(inserted by Law nº 95-125 of February 8, 1995 art. 38 Official Journal of February 9, 1995 in force on March 6, 1995)

The functions of the ministry near the criminal court are exercised by the public prosecutor or one of his substitutes; those of the registry by a clerk of the tribunal de grande instance.

Article 399

(Law nº 81-82 of February 2, 1981 art. 42 Official Journal of February 3, 1981) (Law nº 83-466 of June 10, 1983 art. 18 Official Journal of June 11, 1983 in force on June 27, 1983) (Law nº 87 -1062 of December 30, 1987 art. 19 Official Journal of December 31, 1987)

The number and the day of the correctional hearings are fixed at the end of each judicial year for the following judicial year by an order of the president of the tribunal de grande instance taken after notice of the general assembly of the tribunal.
If necessary, this ordinance can be modified under the same conditions during the year.

 

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