Section 3: Production and discussion of evidence

The President shall have the Registrar draw up, of his own motion or at the request of the Public Prosecutor or the parties, a record of any additions, changes or variations that may exist between the testimony of a witness and his previous statements. These minutes are attached to the minutes of the hearing.

Each witness, after giving evidence, shall remain in the courtroom, if the chairman does not order otherwise, until the close of the proceedings.

The following depositions may not be received under oath: 1° Of the father, mother or any other ascendant of the accused, or of one of the accused present and subject to the same debate; 2° Of the son, daughter, or any other descendant; 3° Of brothers and sisters ; 4° Of relatives of the same degree; 5° Of the husband or wife, partner bound to the accused by a civil…

Nevertheless, the hearing under oath of the persons designated by the preceding article shall not entail nullity where neither the public prosecutor nor any of the parties has objected to the taking of the oath. In the event of opposition by the public prosecutor or one or more of the parties, the witness may be heard as information, by virtue of the discretionary power of the president.

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

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 his or her testimony, to be introduced and heard if necessary after further testimony, with or without confrontation.

The President may, before, during or after the hearing of a witness or the examination of a defendant, have one or more defendants withdrawn and examine them separately as to some of the circumstances of the trial; but he shall take care not to resume the proceedings until he has instructed each defendant as to what was done in his absence and what resulted therefrom.

During the examination, the magistrates and jurors may take note of anything they consider important, either in the evidence of witnesses or in the defence of the accused, provided that the proceedings are not interrupted.

In the course of or following the testimony, the president shall, if necessary, have the exhibits presented to the accused or to the witnesses and shall receive their observations. The president shall also have them presented, if necessary, to the assessors and jurors.

If, after the proceedings, the evidence of a witness appears to be false, the president, either of his own motion or at the request of the public prosecutor or one of the parties, may specially order that witness to be present at the proceedings until they are closed and, in addition, to remain in the courtroom until the judgment of the assize court has been delivered. In the event of…