Section 4: Examination of witnesses

The examining magistrate shall summon before him, by a bailiff or a law enforcement officer, all persons whose testimony he deems useful. A copy of this summons shall be delivered to them. Witnesses may also be summoned by simple letter, by registered letter or through administrative channels; they may also appear voluntarily. When summoned or summoned, witnesses are advised that, if they do not appear or refuse to appear, they…

Witnesses are heard, either separately and without the presence of the parties, or during confrontations carried out between them or with one or other of the parties, by the investigating judge, assisted by his clerk; a record is made of their statements. The investigating judge may call in an interpreter of legal age, excluding his clerk and the witnesses. The interpreter, if not sworn, shall take an oath to assist…

The witnesses take an oath to tell the whole truth and nothing but the truth. The judge asks them for their surname, first names, age, status, profession, residence, whether they are related or allied to the parties and to what degree or whether they are in their service. A note is made of the request and the reply.

Persons against whom there is serious and corroborating evidence of having participated in the acts referred to the investigating judge may not be heard as witnesses.

Each page of the minutes is signed by the judge, the clerk and the witness. The latter is then invited to reread his statement as it has just been transcribed, and then to sign it if he declares that he is in agreement with it. If the witness cannot read, it is read to him by the clerk. If the witness is unwilling or unable to sign, this is noted…

The minutes may not be interlined. Cross-outs and cross-overs are approved by the examining magistrate, the court clerk and the witness and, where applicable, by the interpreter. In the absence of approval, such erasures and cross-references shall be null and void. The same shall apply to minutes that are not duly signed. .

Children under the age of 16 are heard without oath.

Any person summoned to be heard as a witness shall be required to appear, take an oath and give evidence subject to the provisions of Articles 226-13 and 226-14 of the Penal Code. Any journalist, heard as a witness about information gathered in the course of his or her work, is free not to reveal its origin. If the witness does not appear or refuses to appear, the investigating judge…

The coercive measure to which the defaulting witness is subject is taken by way of requisition. The witness is brought directly and without delay before the magistrate prescribing the measure.

If a witness is unable to appear, the examining magistrate shall travel to hear the witness, or issue a letter rogatory for this purpose in the forms provided for in article 151.