Page:The Constitutions and Other Select Documents Illustrative of the History of France, 1789-1907, Second Edition, Revised and Enlarged.pdf/212

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182
Constitution of the Year I

84. The sittings of the municipalities and the administrations are public.

Of Civil Justice.

85. The code of civil and penal law is uniform for the whole Republic.

86. No attack can be made upon the right that the citizens have to cause their differences to be passed upon by arbitrators of their own choice.

87. The decision of these arbitrators is final, if citizens do not reserve the right to object.

88. There are justices of the peace elected by the citizens of the districts fixed by the law.

89. They conciliate and pass judgment without expense.

90. Their number and competency are regulated by the legislative body.

91. There are public arbitrators elected by the electoral assemblies.

92. Their number and their districts are fixed by the legislative body.

93. They have jurisdiction over cases which have not been finally terminated by the private arbitrators or by justices of the peace.

94. They deliberate in public.

They deliver their opinions orally.

They decide in the last resort, upon oral pleas or simple memorial, without proceedings and without expense.

They state the grounds for their decisions.

95. The justices of the peace and the public arbitrators are elected every year.

Of Criminal Justice.

96. No citizen can be tried upon a criminal charge except upon an accusation received by the jurors or decreed by the legislative body.

The accused have counsel chosen by themselves or officially appointed.

The examination is public.

The facts and the intent are declared by a trial jury.

The penalty is awarded by a criminal tribunal.

97. The criminal judges are elected every year by the electoral assemblies.