Note (Back) — Chapter XXIX

All judges and justices of the peace are appointed by the king for life. Members of the courts of appeal and the presidents and vice-presidents of the courts of original jurisdiction are selected from two double lists presented, the one by these courts and the other by the provincial councils. Members of the Court of Cassation are selected from two double lists presented, the one by the Senate and the other by the Court itself. All other judicial officers are appointed by the crown independently. Except for urgent reasons of public order or morals, sessions of all tribunals are public, and every judgment must be pronounced in open court. Unlike Holland, Belgium has a well developed system of trial by jury. Jury trial is guaranteed by the constitution in all criminal cases and in all cases involving political or press offenses. As in England and the United States, it is the function of the jury to determine whether or not the accused is guilty and that of the court to explain the law and to pronounce sentence. A jury consists regularly of twelve members.[770]