CHAPTER IV - START OF SITTINGS
ART 291: The president assisted by two magistrates shall chair the sitting at the venue, on the day and
time scheduled for opening. The court registrar shall call up the assessors selected randomly. Any
assessor, who, without any legitimate reasons, fails to honour the summons that was sent to him/her,
shall be ordered to pay a fine of 5,000 francs.
These decisions shall be unappealable.
A defaulting assessor who provides legitimate reasons shall, pursuant to the pleadings of the
public prosecutor, no longer have to pay the fine.
ART 292: The provisions of the previous article shall apply to any assessor who, without authorisation,
fails to perform his/her duties although he/she is present.
ART.293: Should one or several assessors fail to show up on the schedu led day, the missing number
shall be completed by (an) alternate assessor(s); if there are not enough, they shall be completed by
assessors selected randomly from the public present at the hearing. The latter shall have to act as
assessors even if they had served in this capacity during the previous session.
ART 294: When a criminal trial seems likely to drag on, the president of the court of assizes may appoint
one or two additional assessors from among alternate assessors selected in the order in which their
names are drawn or eventually appointed as stated in the previous article. They shall take part in the
proceedings.
Should one of the assessors or both be unable to follow the proceedings until the judgement is
passed, they shall be replaced by alternate assessors.
ART 295: The right to recuse may be exercised by the defence, and the party claiming damages on
one of the grounds stated in article 595 of this code. However, the right to recuse may not prevent the
constitution of the court of assizes. The motion to recuse shall be judged on the spot by the court
without support from assessors.
ART 296: Assessors shall listen, standing and in public, to the president read the following
swearing-in statement:
"You swear and promise before God and before man to examine with the most keen attention
cases that will filed during this session, to shun hatred or wickedness, fear or affection, and to decide
based solely on the charges, grounds of defence and legal provisions, following your conscience and
your firm conviction, with the impartiality and firmness of an honest and free person, to protect the
confidentiality of deliberations, even after the end of your duties".
Each assessor, called up individually by the president shall reply, while raising their hand: "I do
so swear, under pain of nullity."
ART 297: Assessors shall seat on the benches of the court behind magistrates and according to their
respective ages.
CHAPTER V - EXAMINING CASES Section I General Provisions
ART 298: Proceedings may not be interrupted and must continue until a decision from the court of
assizes puts an end to the examination of the case. They may be suspended for the duration of time
needed for judges and the accused to rest.
ART 299: The president shall have discretionary powers pursuant to which he/she may, in
his/her honour and conscience, take any measure he/she considers necessary to discover the truth.
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