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Chapter Four - The Second Generation of Jihadist Trials

The Slow Justice of the French Assize Court (2017–2019)

Published online by Cambridge University Press:  10 June 2026

Sharon Weill
Affiliation:
The American University of Paris, France
Denis Salas
Affiliation:
French National School of Magistrates
Antoine Mégie
Affiliation:
Université de Rouen
Christiane Bésnier
Affiliation:
Sorbonne University
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Summary

In April 2016, in the aftermath of the 2015 terrorist attacks, a more severe criminal prosecution policy was implemented, and terrorism cases involving individuals returning from the Iraqi-Syrian front were systematically transferred to the Special Assize Court. Previously heard at the 16th Chamber of the lower court, the Assize Court now had the authority to impose much longer prison sentences for these cases. These are the ’second generation’ trials. Most of these cases involved ’returnees,’ often without victims or civil parties, and sometimes even without the defendants themselves, who were presumed dead. These cases also included a second type of trial in which terror acts were committed.

The Assize Court has the authority to impose the most severe punishments. However, appearing before the Assize Court entails a prolonged judicial process that is unique to this jurisdiction. This chapter examines the tensions and dynamics that arose following the 2016 change in prosecution policy and the transfer of cases to the Assize Court. Beyond judicial disagreements, unexpected outcomes emerged as the court came to know the accused more closely, revealing a more complex reality.

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