Best,
Why does the jury (Assizes) have to agree with 8 out of 12? I heard this is because later (even years later) a juror can backtrack on his decision.
Is this correct? Where can one find that? (in the law)
Answer
Dear Jo,
Our system is based on the presumption of innocence. In addition, a rule of law must avoid convicting an innocent person. That’s why there are strict rules about the jury’s decision.
If 6 of the 12 members say that the accused is guilty and the 6 others believe that he is innocent, he will be acquitted (Article 331 Code of Criminal Procedure).
If 7 of the 12 members say that the accused is guilty and the 5 others believe that he is innocent, then it is the turn of the 3 professional judges of the court of assizes. If they disagree with the majority of the jury, the accused will be acquitted (Article 335 Code of Criminal Procedure).
As soon as there are 8 jurors who find the accused guilty, he will also be convicted.
A juror cannot reverse his decision. These rules have nothing to do with that. By the way, the vote within the jury is secret, so it is impossible to go back on it anyway.
Answered by
Dr Jeroen De Herdt
Criminal law and criminal procedure
Prinsstraat 13 2000 Antwerp
http://www.uantwerpen.be
.