Section 3: Production and discussion of evidence

When the accused’s lawyer is not registered with a bar association, the chairman informs him that he may not say anything against his conscience or the respect due to the laws and that he must express himself with decency and moderation.

The president shall order the bailiff to call the witnesses called by the public prosecutor, the accused and the civil party whose names have been served in accordance with the requirements of Article 281.

The president orders the witnesses to retire to the room designated for them. They shall leave only to give evidence. The president shall, if necessary, take all appropriate measures to prevent the witnesses from conferring with each other before they give their evidence.

Where a witness summoned fails to appear, the court may, on the application of the public prosecutor or even of its own motion, order that the witness be immediately brought before the court by the forces of law and order to be heard, or adjourn the case to the next session. In all cases, a witness who fails to appear or who refuses either to take an oath or to…

The president of the assize court presents, in a concise manner, the facts with which the accused is charged as they result from the referral decision. He sets out the incriminating and exculpatory evidence concerning the accused as it results from the information, including, if applicable, the exculpatory evidence mentioned by the lawyer’s observations filed pursuant to III of Article 175, even if these elements do not appear in the…

After informing him of his right, during the proceedings, to make statements, to answer questions put to him or to remain silent, the president questions the accused and receives his statements. He has a duty not to express his opinion as to guilt. .

Witnesses called by the public prosecutor or the parties shall be heard in the debate, even if they have not given evidence at the hearing, or if they have not been summoned, provided that their names have been served in accordance with the provisions of article 281.

The public prosecutor and the parties may object to the examination of a witness whose name has not been served on them or who has been irregularly served on them. The court shall rule on such objection. If it is found to be well founded, such witnesses may be heard, as information, under the discretionary power of the president.

The witnesses testify separately from each other, in the order established by the president. The witnesses must, at the request of the president, state their surname, first names, age, profession, domicile or residence, whether they knew the accused before the fact mentioned in the committal order, whether they are related or allied, either to the accused or to the civil party, and to what degree. The president also asked them…

After each statement, the president may put questions to the witnesses. The public prosecutor, as well as counsel for the accused and the civil party, the accused and the civil party have the same option, under the conditions determined in article 312. When it seems necessary to the clarity and smooth running of the proceedings, the president may interrupt the statements of a witness or ask him questions directly without…