{"id":4356,"date":"2017-12-01T13:53:26","date_gmt":"2017-12-01T12:53:26","guid":{"rendered":"http:\/\/braun-avocat.com\/cour-assises\/"},"modified":"2023-12-14T17:58:36","modified_gmt":"2023-12-14T16:58:36","slug":"assize-court","status":"publish","type":"post","link":"https:\/\/braun-avocat.com\/en\/assize-court\/","title":{"rendered":"Assize Court"},"content":{"rendered":"

What is the criminal court ?<\/span><\/h2>\n

The Assize Court<\/strong> is a very specific criminal court<\/strong>, in charge of judging the most serious offenses<\/strong> namely crimes<\/strong>, as well as misdemeanors and contraventions that are related to them. The Assize Court does not sit permanently but during specially convened sessions<\/strong>. It is a mixed jurisdiction composed of 3 professional magistrates<\/strong> and 6 jurors <\/strong> (9 in appeal), drawn by lot from the electoral lists. In certain areas<\/strong>, such as terrorism or drug trafficking, the composition of the Court is different, and it is made up solely of professional judges<\/strong>.<\/span><\/p>\n

From now on, it is possible to appeal against a judgment rendered by an Assize Court<\/a>. It is brought before another Assize Court, composed differently. <\/span><\/p>\n

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The role of <\/span>the lawyer at the assize court<\/span><\/h2>\n

The assizes trial<\/strong>, for which representation by a lawyer is mandatory<\/strong>, is a very particular procedure that requires, on the part of the criminal lawyer<\/a> brought in, specific expertise in <\/strong><\/span>criminal law<\/strong>. Since the procedure is oral and the jurors have to decide on their “intimate conviction”, <\/span>the trial lawyer<\/span> must adapt his strategy to the notion of orality <\/strong> that governs the debates.<\/span>
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In view of the stakes of such a trial, the role of the lawyer<\/strong> is very important whether on the side of the accused<\/strong> or of
\n the civil party<\/strong>. This is why, when a person is a party to a procedure that must lead to a trial before the court of assizes, the choice of the lawyer is essential <\/strong> in view of the formalism<\/strong> and the solemnity <\/strong> of the debates, and obviously the penalties incurred<\/strong> during such a trial.<\/span><\/p>\n

Towards the abolition of the court of assizes?<\/span><\/h2>\n

Under the impulse of the government, “criminal courts”, composed only of professional magistrates, are currently being experimented with, which are competent for certain crimes in place of the assize court.<\/p>\n

One can only regret such a reform. The principle of popular juries marks a very strong link between the citizens and their justice system. Moreover, the court of assizes is, par excellence, the jurisdiction where the debates are the most interesting and thorough.<\/p>\n

In any case, Ma\u00eetre BRAUN’s firm will defend the litigants before the criminal court, as well as before the assize court.<\/p>\n

The criminal defense before the court of assizes<\/span><\/h2>\n

Alexandre-M. BRAUN<\/strong> has extensive experience<\/strong> in this field having defended numerous defendants<\/strong> before the Assize Court. Therefore, he is familiar with <\/span>criminal cases<\/span> and has the necessary skills to assist and represent his clients throughout the proceedings (investigation …) by establishing with them the best possible criminal defense<\/strong>, but also to plead <\/strong>before this court.<\/span><\/p>\n

The criminal defense<\/a><\/strong> defense in a trial before the court of assizes requires a real preparation<\/strong>, as well on the merits of the case<\/strong>, which often presents complexities, as for the hearing<\/strong> as such.<\/span><\/p>\n

The solemnity of the proceedings before the assize court makes it the court par excellence where, at any moment, everything can change.<\/strong>.<\/span><\/p>\n

This is the reason why Alexandre-M. BRAUN<\/strong>, with the benefit of his experience, prepares his clients as well as possible <\/strong> for the trial by explaining its progress<\/strong> and by training them in the questions<\/strong> they will have to answer. In addition, he carefully studies their entire case and develops the strategy best suited<\/strong> to his clients’ interests. After the trial, he advises his clients onwhether or not <\/strong>to appeal the judgment of the Court of Assizes.<\/span>
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Furthermore, in all his cases, he ensures the respect of his client’s individual rights<\/strong> and freedoms and verifies the regularity of the procedure <\/strong> through the control of the acts.<\/span><\/p>\n

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The defense of victims before the Assize Court<\/span><\/h2>\n

The role of victims<\/strong> before the Assize Court is not insignificant. When the victim is a civil party from the beginning of the investigation<\/strong>, as is most often the case, he or she has the possibility, through his or her lawyer, to request acts that are useful <\/strong> for the determination of the truth. Alexandre-M. BRAUN<\/strong> ensures, throughout the proceedings, that the rights of his clients as civil parties are respected<\/strong> and does everything possible to ensure that their position as victims is recognized.<\/strong>.<\/span><\/p>\n

During the hearing, the role of the civil party’s lawyer<\/strong> is to make the jurors hear and understand the suffering felt<\/strong> by his client and the repercussions of the facts<\/strong> on his life.<\/span><\/p>\n

When the facts are contested<\/strong> by the accused, the victim’s lawyer supports and assists the prosecution<\/strong>, which represents <\/span>the criminal prosecution<\/span>, , in proving the facts.<\/span><\/p>\n

However, it is not the role of the victim advocate<\/a><\/strong> to propose a sentence for the offender<\/strong>; this role is reserved for thepublic prosecutor<\/strong>.<\/span><\/p>\n

As a lawyer for a civil party, Alexandre-M. BRAUN therefore prepares the hearing with his client<\/strong>, whom he advises on the course of the hearing, which can often be difficult for the victims. During his plea, he makes sure that his client’s word is heard<\/strong> so that he is officially recognized as a victim<\/strong>. <\/span><\/p>\n

He also represents his client at the hearing that may be held to rule on the claims for damages <\/strong> (civil interests), after the criminal judgment of the criminal court.<\/span><\/p>\n\n\n

To go further :<\/h2>\n\n\n\n
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Tissier case<\/a><\/blockquote>