Paragraph 3: Taking of evidence

Except where the law provides otherwise, offences may be established by any method of proof and the judge shall decide on the basis of his or her own personal conviction. The judge may base his or her decision only on evidence brought before him or her in the course of the proceedings and adversely discussed before him or her. .

The confession, like any piece of evidence, is left to the free appreciation of the judges.

Any record or report has evidential value only if it is regular in form, if its author has acted in the exercise of his duties and has reported on a matter within his competence what he has seen, heard or observed personally. Any record of questioning or hearing must include the questions answered.

Unless the law provides otherwise, the minutes and reports recording offences are valid for information purposes only.

In cases where officers of the judicial police, agents of the judicial police or officials and agents entrusted with certain functions of the judicial police have been empowered by a special provision of law to establish offences by minutes or reports, evidence to the contrary may only be adduced in writing or by witnesses. .

Written evidence may not result from correspondence between the accused and his lawyer.

Matters giving rise to minutes that are authentic until a false entry is made are governed by special laws. In the absence of an express provision the procedure for the inscription of forgery is regulated as stated in Title II of Book IV.

If the court considers that an expert opinion is necessary, it shall be carried out in accordance with Articles 156 to 166,168 and 169.

Witnesses are summoned as set out in articles 550 et seq.

After making the findings provided for in Article 406, the President shall order the witnesses to retire to the room intended for them. They may leave only to give evidence. The President shall, if necessary, take all appropriate measures to prevent the witnesses from conferring with each other before giving their evidence.