Page:The Constitutions and Other Select Documents Illustrative of the History of France, 1789-1907, Second Edition, Revised and Enlarged.pdf/270

240 two justices of the peace or assessors of justices of the peace of the commune where it is established, a commissioner of the executive power, and a recorder.

235. The president of each correctional tribunal is taken every six months and in turn from among the members of the sections of the civil tribunal of the department, the presidents excepted.

236. There is an appeal from the judgment of the correctional tribunal before the department criminal tribunal.

237. In the matter of offences involving afflictive or infamous punishment, no person can be tried except upon an accusation accepted by the jurors or decreed by the legislative body, in case it belongs to that body to decree accusation.

238. A first jury declares whether the accusation ought to be accepted or rejected: the facts are passed upon by a second jury, and the penalty fixed by the law is applied by the criminal tribunals.

239. The jurors vote only by secret ballot.

240. There are in each department as many accusation juries as there are correctional tribunals.

The presidents of the correctional tribunals are the foremen thereof, each in his own district.

In the communes of over fifty thousand souls there can be established by law, besides the president of the correctional tribunal, as many foremen of accusation juries as the transaction of business shall require.

241. The functions of commissioner of the executive power and recorder for the foreman of the accusation jury are discharged by the commissioner and recorder of the correctional tribunal.

242. Each foreman of the accusation jury has the immediate surveillance over all the police officers of his district.

243. The foreman of the accusation jury, as police officer, on account of the denunciations made to him by the public accuser, whether ex-officio or in accordance with the orders of the Executive Directory, immediately prosecutes:

1st. Attacks upon the liberty or personal security of the citizens;

2d. Those committed against the laws of nations;

3d. Resistance to the execution of the judicial decisions or