Assize and criminal court

Defence before criminal courts: 01 84 60 92 47

The Assize Court is the court responsible for trying persons accused of committing, attempting to commit as perpetrator or accomplice, the most serious offences (intentional homicide, rape, acts of torture and barbarity, terrorism).

It has jurisdiction over all common-law crimes committed by adults. It also sits as the Juvenile Assize Court with jurors when the crime was committed by a minor over the age of 16.

Certain crimes relating to terrorism, military offences, or drug trafficking are tried by the Special Assize Court. In this case, the jurors are replaced by professional magistrates.

Law No. 2019-222 of 23 March 2019 created the Criminal Courts, which have jurisdiction to try certain crimes. Mr. Charles Bruguière appears regularly before these courts to defend his clients and pays particular attention to compliance with the specific procedures of each jurisdiction.

What is the Assize Court?

The Assize Court is the trial court with jurisdiction over crimes, i.e. the most serious offences under the Criminal Code, carrying penalties of more than 20 years' criminal imprisonment.

It sits at first instance with a particular composition:

• 3 professional magistrates: the presiding judge and two assessors
• 6 jurors chosen from citizens on the electoral roll

On appeal, the formation is strengthened with 9 jurors instead of 6. The jurors deliberate with the magistrates and take part in the vote on guilt and sentence.

The Assize Court has jurisdiction over the most serious offences:

• Intentional homicide (murder)
• Acts of torture and barbarity
• Rape with legal recidivism
• Terrorism (Special Assize Court)
• Organised drug trafficking (Special Assize Court)
• Serious military offences (Special Assize Court)

The Juvenile Assize Court

The Juvenile Assize Court tries crimes committed by minors over the age of 16. It is composed of professional magistrates and adult and juvenile jurors. The procedure is adapted to the minority of the accused, with particular attention to rehabilitation.

What is the Criminal Court?

The departmental Criminal Court has been in use throughout France since 1 January 2023. It has jurisdiction to try adults accused of a crime punishable by 15 or 20 years' imprisonment when legal recidivism is not established.

Unlike the Assize Court, the Criminal Court does not have a lay jury. It is composed of5 professional magistrates, two of whom may be honorary magistrates or serving on a temporary basis.

In practice, the Criminal Court hears cases of:

• Rape
• Armed robbery
• Aggravated procuring
• Kidnapping and false imprisonment
• Fatal assault
• Certain terrorist offences

The Criminal Court offers a faster procedure than the Assize Court while ensuring quality of judgment through a strengthened formation of 5 judges.

What is the difference between the Assize Court and the Criminal Court?

The Assize Court and the Criminal Court are two courts responsible for trying crimes, but they have fundamental differences:

Composition

• Criminal Court: 5 professional judges, no jury
• Assize Court: 3 magistrates + 6 jurors (9 on appeal)

Subject-matter jurisdiction

• Criminal Court: crimes punishable by 15 to 20 years' imprisonment
• Assize Court: crimes punishable by more than 20 years' imprisonment

Routes of appeal

• Criminal Court: appeal is brought before the Assize Court, which becomes the appellate court
• Assize Court: an appeal to the Court of Cassation is possible against Assize Court judgments

Should I hire a criminal defence attorney?

A criminal defence attorney is a specialist criminal lawyer. However, given the particularities of proceedings before criminal courts and the complexity of these cases, some lawyers are better equipped to appear before the Assize Courts or Criminal Courts.

Mr. Charles Bruguière appears regularly before the criminal courts throughout France to defend his clients. He has built solid experience in criminal law through complex cases and prepares his clients throughout the procedure, implementing the most appropriate defence strategy.

How does Mr. Bruguière prepare the criminal defence?

Preparing a defence before a criminal court is a decisive step that determines the outcome of the trial. Mr. Bruguière deploys a rigorous methodology:

In-depth analysis of the investigation file

The lawyer reviews the entire investigation file, analyses the incriminating and exculpatory evidence, studies the medical, technical, and psychiatric expert reports, and identifies any procedural irregularities.

Regular meetings with the client

Meetings in the visiting room enable preparation for each stage: first appearance interview, confrontations, hearings of thejudicial investigation, and trial hearing.

Plea strategy

A plea before the Assize Court or Criminal Court requires meticulous preparation. Mr. Bruguière adapts his argument to the audience (jurors or professional judges), builds a coherent and convincing narrative, and anticipates the prosecution's questions and objections.

Appeals and remedies

In the event of a conviction, Mr. Bruguière prepares the appeal before the Assize Court (for Criminal Court judgments) or the appeal to the Court of Cassation (for Assize Court judgments). He analyses errors of law and fact that may be raised before the higher courts.

Related areas: judicial investigation · pretrial detention · general criminal law.