BOOK II
TRIAL COURTS
TITLE I
THE ASSIZE COURT
CHAPTER VII
THE JUDGMENT
SECTION I
DELIBERATIONS OF THE ASSIZE COURT
Article 362
Where a positive answer is made on guilt, the president reads out the provisions of articles 132-18 and 132-24 of the Criminal Code to the jurors. The assize court then deliberates without interruption on the form of the sentence. Voting then takes place by secret ballot and separately for each person accused.
The sentencing decision is reached by an absolute majority of voters. However, the maximum custodial sentence incurred may only be imposed by a majority of at least eight votes, where the assize court rules in the first instance, and by a majority of at least ten votes where the assize court rules on appeal. If the maximum penalty applicable does not attain this majority, a sentence in excess of thirty years' criminal imprisonment may not be imposed where the penalty incurred is a life sentence, nor a sentence in excess of twenty years' felonious imprisonment where the penalty incurred is thirty years' felonious imprisonment. The same rules apply in the event of felonious detention.
If after two ballots no sentence has attained a majority of votes, a third ballot is taken during which the highest sentence suggested in the previous ballot is not considered. If no sentence attains an absolute majority of votes in this third ballot, a fourth ballot is organised, and so on, by continuing to discard the highest sentence until a sentence is imposed.
Where the assize court imposes a misdemeanour sentence, it may decide by a majority that the enforcement of the penalty will be suspended with or without probation.
The assize court also deliberates on the incidental or additional penalties.
BOOK II
TRIAL COURTS
TITLE II
THE TRIAL OF MISDEMEANOURS
CHAPTER I
THE CORRECTIONAL COURT
SECTION V
THE JUDGMENT
Article 471
Notwithstanding the filing of an appeal, the detained defendant who is not sentenced to an immediate custodial sentence is set free immediately after the judgment.
The same applies where he is sentenced to a period of imprisonment when the pre-trial detention has been ordered or maintained pursuant to article 464-1 or to article 465, first paragraph, and the length of the detention equals or exceeds the sentence imposed.
Unless the court otherwise decides, judicial supervision ends when the court imposes a non-suspended custodial sentence or a sentence accompanied by a suspension with probation. If security was given, the provisions of the first and second paragraphs of article 142-2 and of the second paragraph of article 142-3 are applicable.
Criminal sanctions imposed pursuant to articles 131-6 to 131-11 of the Criminal Code may be declared provisionally enforceable.
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.