Court of assizes (Belgium)

The Court of assizes (Dutch: Hof van assisen; French: Cour d'assises; German: Assisenhof) is a non-permanent criminal court in Belgium. It is the only court in the Belgian judicial system where a jury of citizens participates in the verdict. The court's jurisdiction is limited to the most serious crimes, namely those punishable by custodial sentences of more than twenty years, life imprisonment, or death penalty (although the death penalty is not currently enforced in Belgium).

The Court of assizes is not a standing court; it is convened only when a case falling within its jurisdiction arises. Each court is composed of three professional judges, one of whom presides, and a jury of twelve randomly selected citizens. The professional judges are selected from the Court of Appeal of the relevant province.

The jurors are chosen from the electoral registers of the province where the crime was committed. They are selected through a multi-stage process designed to ensure impartiality and representativeness. Selected citizens can request exemptions based on age, occupation, or personal circumstances.

The Court of assizes is competent to hear cases of a political nature and press offenses, in addition to serious criminal cases. The court is only competent as a court of first instance and has no appeal. However, a decision can be appealed to the Court of Cassation (Supreme Court), but only on points of law, not on the factual merits of the case.

The deliberations of the jury are secret and confidential. The jury must reach a decision on both the guilt of the accused and, if found guilty, the appropriate sentence. Decisions on guilt require a qualified majority of at least eight out of twelve jurors. The three professional judges also participate in the sentencing deliberations.