Assizes: Concept, History, and Significance in the Legal System
Definition of the term “Assizes”
The term Assizes refers, in a legal context, to a special criminal court responsible for serious crimes. The term is particularly prevalent in French-speaking, Belgian, and Luxembourgish criminal law, while in German-speaking regions, it mainly has historical significance. The assize procedure is particularly characterized by the involvement of jurors and lay judges in the decision-making process.
Historical Development of the Assizes
Origin and Medieval Significance
The origins of the assizes can be traced back to the Middle Ages. The term derives from the Latin “assidere” (to sit down, to sit as a judge). As early as early modern England, the “Assizes” were established as itinerant courts (“Circuit Courts”) that, at fixed intervals, adjudicated serious criminal and civil cases in the counties. In French law as well, the assizes played a central role in combating the most serious crime since the French Revolution.
Assizes in Continental Europe
In France, with the introduction of the Code d’instruction criminelle in 1808, the so-called Cours d’assises were created. In Belgium and Luxembourg, this model was adopted and further developed. The assize court was established here as the main criminal court for capital crimes, especially murder and other serious offenses.
Historical Development in Germany and Austria
In German-speaking regions, the assize model, particularly following the French example, temporarily entered the legal system. In Germany, during the March Revolution from 1848 to 1851, assize courts were established but abolished again just a few years later and replaced by criminal courts. In Austria, assize courts operated between 1850 and 1873 before being replaced by other jurisdictions.
Assizes in Current Legal Systems
Assizes in Belgium
The Belgian assize court (Cour d’assises for the French-speaking regions, Hof van Assisen for the Dutch-speaking areas) is the highest lay court and is responsible for extremely serious crimes such as murder, manslaughter, and other offenses that are not “correctionalized” (downgraded). It consists of three professional judges and a jury of twelve citizens who decide together on guilt and, if applicable, the sentence.
- Composition: Three professional judges, twelve jurors (at least four women and four men).
- Jurisdiction: The most serious crimes, especially homicides and crimes against state authority.
- Procedure: Public and oral proceedings, initial decision on guilt by the jurors, sentencing in combination with the professional judges.
In principle, appeals against assize verdicts in Belgium are excluded; however, an appeal in cassation is possible in cases of legal violations.
Assizes in France
The French Cour d’assises is a criminal court for offenses punishable by more than ten years’ imprisonment, typically murder, homicide, grievous bodily harm, and sexual offenses. The chamber consists of three professional judges and six to nine jurors, depending on the level of appeal. Current reforms have now made it possible to appeal assize verdicts.
- Jurisdiction: Offenses (crimes) with high penalties — e.g., murder, rape, armed robbery.
- Procedural Features: Oral proceedings, broad involvement of laypersons in decision-making, no obligation to give reasons for the verdict.
- Appeals: Since 2001, appeals on factual and legal grounds are possible, so the case is reheard before another criminal chamber.
Assizes in Luxembourg
In Luxembourg, the assize courts exist as the highest criminal judiciaries for the most serious crimes. The system essentially corresponds to the Belgian model, with three professional judges and nine jurors.
Procedural Fundamentals and Course of Assize Trials
Composition of the Court
A characteristic of assize trials is the involvement of lay judges (jurors), together with professional judges. The presiding judge leads the proceedings, while jurors are extensively involved in decision-making.
Initiation of Proceedings
Serious crimes are brought to assize trial through a special pre-trial process. In France and Belgium, a Chambre d’instruction or Chambre des mises en accusation examines the indictment and decides on transferring the case to the assizes.
Main Hearing and Verdict
The main hearing is public and characterized by oral proceedings. The prosecution and defense present their arguments; witnesses, experts, and the accused are examined. The jurors first decide alone on the question of guilt; subsequently, in a further session, the penalty is determined together with the professional judges.
Special Features of Evidence Assessment
The principle of free evaluation of evidence applies in assize proceedings. There is no obligation to provide reasons for the jurors’ decision-making. Only through more recent reforms (particularly in France) is a written verdict increasingly required.
Significance of the Assizes for Criminal Law
Assizes ensure broad public participation in the judiciary and symbolize the democratic principle of popular sovereignty. By involving laypersons, they are intended to prevent miscarriages of justice and concentration of power within the judiciary, as well as to strengthen public trust in the criminal justice system.
Comparative Law and International Relevance
The assize procedure is closely related to other jury court systems, such as the German Schwurgericht or the English jury trial. While there are detailed differences — especially regarding appeal rights, composition, and proceedings — the basic principle of involving non-professional judges is common to all.
Selected Literature and Sources
- Code d’instruction criminelle (France, Belgium, Luxembourg)
- Belgian Constitution, Art. 150 and 151
- French Code of Criminal Procedure
- German legal history: jury courts and assize courts, including StPO (history)
- Handbook of French Criminal Procedure
Summary: Assizes refer to a historically significant and still-practiced court system in which serious crimes are tried before a jury court composed of professional judges and lay jurors. These proceedings are characterized by broad civic participation, oral hearings, and special procedural rules. While the system in German-speaking legal areas is only of historical significance, it plays a central role in prosecuting the most serious crimes in France, Belgium, and Luxembourg.
Frequently Asked Questions
Who determines the jurisdiction of the assizes?
Jurisdiction of the assizes is regularly determined by the court where the indictment is filed, according to applicable law. The relevant national codes of criminal procedure set out precisely which offenses fall within the jurisdiction of the assize court. Typically, these are the most serious crimes, such as murder or other life-endangering offenses. In addition, the investigating court may also decide, based on special circumstances, whether a case should be referred to the assizes. Here, a detailed examination of statutory criteria and assessment of the nature of the offense are required. In some legal systems, there is also the possibility to appeal to a higher court to resolve jurisdictional disputes.
How are jurors selected in assize proceedings?
The selection of jurors is subject to strict legal requirements to guarantee both transparency and impartiality. In most European jurisdictions, potential jurors are randomly drawn from population registers. Before the trial begins, a so-called drawing or selection takes place, during which both the defense and the prosecution can challenge certain candidates for good cause (so-called “challenges” or “peremptory challenges”). There are also fixed legal grounds for exclusion, such as close kinship with parties, criminal records, or a particular professional interest in the case. The goal is to form as neutral and representative a panel as possible.
What special procedural rules apply in the assizes?
The procedure before the assize court is characterized by numerous special features. For example, the taking of evidence occurs publicly and with the participation of jurors. The proceedings are usually led by one or more professional judges, with jurors acting as lay judges. There are special rules to protect the rights of the defense, such as the requirement for the defendant’s presence, extensive presentation of evidence, or the right to file all motions for evidence. The assize procedure often takes a two-stage form: first, guilt is determined, and subsequently, if necessary, the penalty is decided. Specific rules also apply to the announcement of the verdict and the challenging of decisions.
What remedies are available against assize verdicts?
Depending on the respective national procedural law, different remedies are available against assize judgments. In many countries, revision or appeal in cassation is permissible, which primarily allows legal errors to be challenged. In such cases, the trial court does not re-evaluate the evidence but restricts itself to reviewing procedural errors or legal violations. In some legal systems, an appeal on the facts is also permitted under certain circumstances, in which case the trial is completely or partly repeated. Note that time limits and admissibility requirements are strictly regulated and may vary under special statutes in individual cases.
What role does the public play in assize proceedings?
The public plays a significant role in assize proceedings, serving as an instrument of transparency and the rule of law. According to most procedural codes, the main hearing is generally public, unless statutory exceptions apply (such as protection of minors, witnesses, state secrets, or victim protection interests). Public access allows media, observers, and relatives to attend proceedings, although journalistic reporting may be subject to certain restrictions to protect participants’ personal rights. Where necessary, public access may be partially or entirely excluded.
How are witnesses treated in assize proceedings?
Witnesses play a central role in assize proceedings, as the taking of evidence often relies heavily on their testimony. They are legally obliged to testify truthfully and enjoy special protection, such as against intimidation or trauma. There are also specific provisions for especially vulnerable witnesses, such as minors or victims of serious crimes. Both the defense and prosecution have the right to question witnesses and challenge their credibility. In individual cases, witnesses may be heard in closed session or under special protective measures (e.g., anonymity).
What is the significance of the principle of free assessment of evidence in assize proceedings?
The principle of free assessment of evidence generally applies in assize proceedings. This means that the jurors, together with the professional judges, independently and autonomously evaluate all the evidence presented in the main hearing. There are no statutory requirements concerning particular evidentiary weight; rather, it is for the court, according to its conviction and under the guidance of the professional judges, to assess the overall picture. Nevertheless, the reasons for the verdict must be logical and comprehensible, so that judicial review, for example by way of legal remedies, remains possible.
