Page:The Green Bag (1889–1914), Volume 08.pdf/186

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The Law Courts of Belgium. the " civil party," or his counsel, and the mentioned in the indictment the jury will be procureur plead their case, or, in the language asked: "Has the accused committed the of the code, " develop the means which crime under such or such circumstances?" will support the accusation." The prisoner When the prisoner has offered in extenua and his counsel reply. The other side may tion any fact admitted as such by the law, then be heard in rebuttal; but at all events this interrogatory will be added : " Is such the defense must have the final address. fact established?" If the prisoner be under The president then declares that this part sixteen years of age, still another question of the proceedings is at an end and the case J will be put to the jury : " Has the accused now rests with the acted with discern jury. ment?" The jury then Trial by jury is retire and vote by one of the bene ficial institutions secret ballot sep which Belgium arately on each owes to France. In question. A ma troduced in 179 1, jority prevails and it was abolished in a tie vote is taken 1 8 14, but forever as favorable to the re-established by accused. But if the the constitution of prisoner be de 1 83 1 in the case of clared guilty of the crimes, political of principal fact by fenses, and abuses the bare majority of the press. Trial of seven to five, the is by a jury of judges must delib twelve. Jurymen erate on the same must beBelgiancitpoint, and unless a izens and aged at majority of them least thirty years. agree with the ver Officials, soldiers, dict of the jury the priests and certain accused is acquit other persons are ted. exempt from ser In some of our vice. Both the THE PROCUREUR GENERAL OF THE COUR DE CASSATION OF BELGIUM States, by recent prosecution and the defense have several changes, a majority of the jury, or at least peremptory challenges. a less number than twelve, may render a Before sending the jury out, the president verdict in civil cases. This is, perhaps, a reminds them of their duties, and then pro wise provision. But the merit of the Bel pounds to them the following questions, to gian criminal system, or in fact of any sys each of which they must give a categorical tem different from our own, of requiring the answer — " yes " or " no." The principal unanimous verdict of twelve men to convict fact, or question resulting from the indict a prisoner of any crime, admits of serious ment, is thus framed : " Is the accused doubt. guilty of having committed such murder, An appeal lies from the Court of Assize such robbery, or such other crime?" If to the Cour de Cassation, which will nullify there be any aggravating circumstances not the proceedings and remand the case for a