Paragraph 3: Taking of evidence

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.

Witnesses give oral evidence. However, they may, exceptionally, be assisted by documents with the permission of the chairman.

The court clerk keeps notes of the proceedings and mainly, under the direction of the president, of the statements of the witnesses as well as the answers of the accused. The notes of the hearing are signed by the court clerk. They are endorsed by the president, no later than three days after each hearing.

After each statement, the president and, under the conditions provided for in Article 442-1, the public prosecutor and the parties shall ask the witness any questions they consider necessary. The witness may withdraw after giving evidence, unless the president decides otherwise. The public prosecutor, as well as the civil party and the accused, may request, and the president may always order, that a witness withdraw momentarily from the courtroom after…

During the debates, the chairman shall, if necessary, have the exhibits presented to the accused or to the witnesses and shall receive their observations.