Assize court or departmental criminal court
The indictment and committal decision identifies the court that will try the case. At first instance, a French cour d’assises combines three professional judges with six citizen jurors. A cour criminelle départementale has no lay jury and sits with a presiding judge and four professional judicial assessors.
The departmental criminal court ordinarily tries certain crimes committed by adults and carrying fifteen or twenty years’ imprisonment, subject in particular to rules on repeat offending and co-accused persons. The assize court tries the other crimes within its jurisdiction and criminal appeals. The committal decision remains central because it defines the facts and legal classification before the court.
Preparing the file before trial
The accused must be represented by a lawyer. Preparation covers the indictment or committal order, interview records, expert reports, physical material, earlier statements and personal background evidence. A thematic file should be supported by a chronology that makes every important reference easy to locate during the hearing.
Checklist: final committal decision; chronology of the facts and procedure; list of expected witnesses and experts; technical issues for each expert; current personal evidence; proof of loss for the civil claimant; and any interpreting, medical, accessibility, transport or accommodation need created by a trial lasting several days.
Oral evidence and the role of each party
The hearing gives a central role to the accused’s evidence, witnesses, experts and questions asked in court. A document in the case file is not a substitute for presenting and testing its significance. Preparation should anticipate the order of testimony, contradictions to put and physical or technical material requiring a clear explanation.
The civil claimant may explain the effects of the crime and seek compensation. The public prosecutor presents the prosecution case; the defence responds on guilt and, if required, sentence. These functions remain distinct, and the compensation claim must be quantified and evidenced independently from the sentence sought.
Verdict, civil damages and appeal
The court first deliberates on guilt and, following a conviction, on sentence. Civil claims are decided separately. Keep the criminal judgment, the civil decision and any order concerning continued detention or release.
A convicted accused ordinarily has ten calendar days from the verdict to appeal. The case is then tried again under the criminal appeal rules. The civil claimant may appeal the civil award but not the sentence. Before any declaration, identify who wishes to appeal, which part of the decision is challenged and when the relevant period started.
Discuss your situation
You can send the firm the essential facts, relevant dates and any known deadline.
Frequently asked questions
What is the clearest difference between the two courts?
The assize court includes citizen jurors alongside professional judges. The departmental criminal court consists solely of five professional judges. The actual court is determined by the committal decision and the statutory conditions of the case.
Must the accused have a lawyer?
Yes. The accused must be legally represented at trial. If no lawyer is chosen, one is appointed under the applicable procedure.
Is every document in the file read aloud in full?
No. An oral trial is not an exhaustive reading exercise. The decisive material must be identified beforehand so it can be presented, explained or tested against the testimony and expert evidence heard in court.