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The juror is drawn by lot from the electoral lists . Its mission is heavy since it must rule on the guilt or not of an accused. A civic duty that he can only refuse in the event of a serious reason. The juror is paid for the time of the session.
How are we selected?
The possibility of being a juror is reserved for citizens over 23, who can read and write in French and enjoy their political, civil and family rights. Each year, a list is drawn up from the electoral lists and the jurors are drawn by lot from this list. The jurors drawn by lot are notified by mail from the town hall. Once summoned to the Assize Court, it is not certain that they will be selected since there is a new draw.
There are cases of incapacity (in the event of a criminal conviction) or incompatibility (members of government, magistrates, etc.).
What does this role consist of?
The Assize Court is made up of three magistrates and a jury made up of nine jurors at first instance and twelve on appeal. The juror must judge in the name of the French people. Its role is to rule on the guilt or innocence of the accused and, in the event of guilt, to set a sentence according to the seriousness of the acts committed and the personality of their author. The juror must apply the principle of the presumption of innocence according to which doubt must always benefit the accused. The jurors must make their decision according to the charges and the means of defence, according to their conscience and their intimate conviction. They also swear to keep the secrecy of the deliberations, even after the cessation of their functions.
Can we refuse?
Summons to sit as a juror is mandatory. The selected jurors can only be excused if they have serious problems (health or family problems) or if they are over 70 or no longer reside in the department. On presentation of supporting documents, it is possible to ask a committee to be exempted from this function. If the designated person does not respond to the summons without having been excused, he incurs a fine of 3,750 euros.
Are we paid?
The juror receives a daily sitting allowance of 84.08 euros. He may also receive a living allowance if he sits outside his department of residence and a transport allowance. The employer of a person drawn by lot to be a juror cannot oppose the absence of his employee.
The employee benefits from unpaid leave with suspension of his employment contract and the salary is therefore not paid. If the daily indemnity does not cover all of the salary that the juror would have received if he had worked, he may receive an indemnity for loss of professional income. This additional compensation of 9.76 euros per day is only granted upon receipt of proof that the loss of salary exceeds 84.08 euros per day. He must request a certificate from the registry of the Assize Court.
These allowances are not paid automatically, you must request them in advance from the tribunal de grande instance or the court of appeal.
DAMY Law Firm , Nice, I was drawn to be a juror, update 2022
