Section 4: Debates

Subject to the provisions of Article 401, the public prosecutor and the parties’ lawyers may put questions directly to the accused, the civil party, the witnesses and any persons called to the stand, by asking the president to speak. The accused and the civil party may also put questions through the president.

When a witness is deaf and dumb or does not speak sufficient French, the provisions of articles 407 and 408 are applicable.

The witnesses then testify separately, either as to the facts with which the accused is charged, or as to his character and morality. Of the witnesses called, those produced by the prosecuting parties shall be heard first, save for the president himself to settle sovereignly the order in which the witnesses are to be heard. Persons proposed by the parties who are present at the opening of the proceedings without…

Witnesses must, at the request of the president, state their surname, first names, age, occupation and place of residence, whether they are related or related by marriage to the accused, the person civilly liable or the civil party and whether they are in their service. Where applicable, the president will ask them to specify what relations they have or have had, with the accused, the person civilly liable, or the…

Before beginning their testimony, witnesses take an oath to tell the whole truth and nothing but the truth.

Children under the age of sixteen are heard without oath.

The statements of: 1° Of the father, mother or any other ascendant of the accused or of one of the accused present and involved in the same case; 2° Of the son, daughter or any other descendant; 3° Of the brothers and sisters; 4° Of the allies to the same degrees; 5° Of the husband or wife; this prohibition subsists even after divorce.

However, the persons referred to in articles 447 and 448 may be heard under oath where neither the public prosecutor nor any of the parties have objected.

The witness who has taken the oath is not required to renew it, if he is heard a second time during the proceedings. The president will remind him, if necessary, of the oath he has taken.

A person who, acting by virtue of a legal obligation or on his own initiative, has brought the facts being prosecuted to the attention of the courts, shall be received as a witness, but the president shall notify the court. A person whose denunciation is rewarded pecuniarily by law may also be heard as a witness, unless one of the parties, or the public prosecutor, objects.