Composition & parties
The court
The Assize Court always consists of three judges: one president who sits on a Court of Appeal and two assessors who sit on the Court of First Instance.
Prosecutor's Office
The Public Prosecutor is represented by the Attorney General at the Court of Appeals, but he/she may delegate his/her role to an Attorney General or a Deputy Attorney General. The Prosecutor represents the interests of society and advances what he/she believes to be the appropriate sentence.The Court of Assizes always consists of three judges: one president who sits on a Court of Appeal and two assessors who sit on the Court of First Instance.
The Jury
The judges of the Assize Court are assisted in their task of administering justice by a people's jury of 12 randomly appointed "sworn members. To be on this list as a citizen, one must meet a number of conditions:
- Not be excluded from civil and political rights;
- Be between 28 and 65 years of age;
- Be able to read and write;
- Have no serious criminal history (no prison sentence of more than 4 months, no sentence under electronic surveillance of more than 4 months, no community service of more than 60 hours and no autonomous probation sentence of 1 year)
The jury shall be composed at least 2 days before the trial on the merits, in the presence of the prosecution, the accused or his counsel, and the civil party or his counsel.
The accused and the victim or his relatives
The accused is the person suspected of having committed certain serious crimes. He is assisted by one or more lawyers who defend his interests.
The victim or their heirs can attend the trial themselves in person, but they can also be assisted by one or more lawyers. In this way, extensive pleading can be done about the damages suffered and compensation can be obtained.
The witnesses
During the Assize Court hearing, the trial is largely re-run. Key witnesses and experts are heard live at the hearing and are given a chance to retell their stories. Both the defense and the civil party also get a chance to cross-examine the witnesses. During these crucial moments, it is imperative to have well-prepared counsel who asks the right questions.
The Press
Because the crimes tried by the Assize Court are so serious, they often move the public. Generally, a hearing is held in public, but exceptionally the trial can be held behind closed doors (e.g. the Julie Van Espen case). Normally, the press is granted access to the room and follows the proceedings, so that they can report to the media.