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The Assize Court of Tarn-et-Garonne sits at the Palais de Justice in Montauban (©Guillaume Laurens / Actu Toulouse)
The draw of jurors of assizes 2023 takes place on Wednesday, June 22, 2022 at Montauban (Tarn-et-Garonne). On this occasion, 480 habitants will be drawn by lot from the electoral lists of the City of Ingres, and will be brought to judge the criminal cases of the Departmental Assize Court of the Tarn-et-Garonne. And each inhabitant of Montauban has almost a one in 100 chance that it will fall on him.
The draw, how does it work?
Made randomly by computer software, the drawing of lots for the assize jurors will therefore take place this Wednesday, at 9 hours, at the City’s election service, located at 39 rue de la Banque in Montauban. As it is public, residents who wish to do so will be able to attend.
“Since the establishment of the jury of assizes in 1791, French citizens thus drawn by lot render Justice in their soul and conscience, in the name of the French people”, recalls the town hall of Montauban.
Who can be drawn?
As a citizen, any elector can indeed be called to sit at the assize court as a juror to try the most serious cases, in particular crimes.
You can be drawn by lot to serve as an assize juror, if you meet all of the following conditions:
- you are of French nationality,
- you are oldat least 23 years old,
- you can read and write in French,
- you are not in a case of incapacity or incompatibility with jury duty (read below).
Note that if you have not reached the age of 23 during the following calendar year, you are not selected.
How are we notified?
The mayor of the municipality is responsible for notify by mail the people who appear on this preparatory list that they have been drawn by lot to be a juror.
Holders and alternates
But if you are drawn, that does not necessarily mean that you will be a juror… For each session of the assizes, the presidents of the judicial courts and the Court of Appeal, or their delegates, again draw lots, in public, from the annual jury roll:
- 35 jurors to form the session list,
- 10 substitute jurors to form the special list.
Compensatory allowances
If drawn, the chosen jurors may be required to fully exercise the function of judge during this period. As reminded service-public.fr, the site of the French administration, “the people selected to sit after the selection procedure are obliged to sit, unless they invoke a serious reason which prevents them from doing so. The jurors who sit have obligations and they can receive compensatory allowances, in particular an appearance allowance from €90.56 per day. Other indemnities may exist, remember the government.
Who can be declared “incompatible” with jury duty?
Also know that there is several cases of incapacity or incompatibilitywith the fact of being a juror of assizes.
As for the case of incapacity, certain categories of persons listed by law are not authorized to participate in the trial of crimes. These include:
- people who have been sentenced for a felony or misdemeanor,
- public officials who have been removed from office,
- persons under guardianship or curatorship.
Concerning the case of incompatibility, the exercise of certain functions is also incompatible with the duty of juror. Thus, cannot be sworn:
- the members of government,
- them deputies et senators,
- them magistrates,
- officials of the services of policethe prison administration or the gendarmerie.
Also struck from the jury rolls are the names of persons relatives of the accused or of his lawyer, or of one of the magistrates forming the court of assizes (spouse, PACS partner, cohabiting partner, parents, children, etc.). The same is true of people who have participated in the procedure judicial (complainant, interpreter, witness, etc.).
Can one refuse to be a juror at the assizes?
But it’s always good to know: if you don’t fall into one of the scenarios mentioned above, you can’t refuse to be a juror at an assize court… The absence of a juror on the day of the hearing, without legitimate reason, is even liable toa fine of €3,750. The employer is, for his part, obliged to release the juror from his professional duties.
That said, of the dispenses may be granted on request, if you are over 70, if you do not have your main residence in the department, or if a serious situation makes your presence difficult (illness of a child, justified by a medical certificate, deafness, etc.)
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