Le délibéré aux assises, ultime point aveugle dans l’affaire d’Outreau

Abstract

This article deals with the deliberations in the Cour d’assises in the Outreau case, both in the first resort and in appeal, by using the hearings before the Parliamentary investigation committee and the author’s professional experience as a judge (17 years as children’s judge and 16 years as a President in the Cour d’assises). This free personal reflection gives the opportunity, by using the legal texts, to think over the practices of deliberation. The author also examines the problems inherent to the criminal proceedings in the sex cases and the specificity of evidence of guilt in such cases both because of their emotive power and because of the considerable stir they create in French public opinion nowadays.

Keywords

• cour d’assises
• criminal proceedings
• deliberation
• jury
• Outreau
• president