ART 360: After the verdict on the criminal proceedings, the court, made up only of magistrates, shall
rule on claims for damages after the parties and the public prosecutor have been heard.
The court may appoint one of its members to hear the parties, examine the various documents
and report to the court, where the parties can once again present their observations and the public
prosecutor shall subsequently be heard.
ART 361: The party claiming damages, both in the event of acquittal and discharge, may ask for
compensation for the damage caused by the accused's fault, as established by the facts for which
charges have been brought.
ART 362: The court may order, of its own motion, that objects held by judicial authorities should be
returned. However, if a sentence is handed down, these objects shall be returned only if its beneficiary
shows proof that the convict has not appealed within the prescribed period, or if he/sh e has appealed,
that a final judgement has been handed down for the case.
When the decision of the court of Assizes becomes final, the Indictment Chamber shall be
competent to order, where necessary, that objects held by judicial authorities, should be returned. It
shall rule on motions presented by whoever claims that he/she is entitled to an object, or at the request
of the Public Prosecutor.
ART 363: An accused person found guilty shall be ordered to pay costs to the party
claiming damages.
A party claiming damages who obtains damages shall never have to pay costs. A party
claiming who loses shall be ordered to pay costs only if it initiated the criminal proceedings. However,
in any case, it may, given the circumstances of the case, be exempted from total or partial payment of
these costs, through a special and reasoned decision of the court.
If the party claiming damages paid in a deposit, the costs he/she is not made responsible shall
be returned to him/her.
01 46 86 01 15. Section IV - The Ruling and Reports
ART 364: The court registrar shall draft the ruling while stating therein the
laws applied.
ART 365: The original of the ruling handed down after the court of assizes has deliberated and the
original of rulings handed down by the court shall be signed by the president and the court registrar.
All these rulings must state that the public prosecutor was present.
ART 366: The court registrar shall prepare, to attest that the prescribed formalities have been followed,
a report signed by the president and his/herself.
The report shall be drafted and signed no later than three days after the ruling has been handed
down.
ART 367: Unless the president orders otherwise, of his/her motion or at the request of the public
prosecutor or the parties, the report shall not contain any of the following: the responses of the
accused, the content of testimonies, without prejudice, however to the enforcement of article 308
concerning hearings, changes and variations in witness declarations.
ART 368: All the originals of rulings handed down by the court of assizes shall be put together and
submitted at the registry of the court of appeal.
Section V - Trials in Absentia
ART 369: Accused persons on the run, should they fail to show up no later than ten days after they
have been served notice, at their domicile, of the referral order, shall be summoned to appear as
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