Article 452 of the French Code of Criminal Procedure
November 8, 2023
Witnesses give oral evidence. However, they may, exceptionally, be assisted by documents with the permission of the chairman.
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.
The court, either of its own motion or at the request of the public prosecutor, the civil party or the accused, may order any transport useful for the determination of the truth. The parties and their lawyers shall be called to attend. A record of these operations shall be drawn up.
If, after the hearing, 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, shall cause the precise statements of the witness to be recorded in the notes for the hearing. He may specially enjoin this witness to remain at the disposal of the court, which will hear him again, if…
The public prosecutor shall, in the name of the law, make such submissions, both written and oral, as he or she considers appropriate for the good of justice. In the event that written submissions are made, mention of them shall be made in the notes kept by the court clerk and the court shall be required to respond to them.
The accused, the other parties and their lawyers may file submissions. These submissions are endorsed by the president and the court clerk; the latter mentions this filing in the hearing notes. The court which is required to respond to pleadings thus duly filed must join to the merits the incidents and objections before it, and rule thereon in one and the same judgment, ruling first on the objection and then…
On completion of the investigation at the hearing, the civil party is heard in his application, the public prosecutor takes his closing arguments, the accused and, if applicable, the person civilly liable, present their defence. The civil party and the public prosecutor may reply. The accused or his lawyer will always have the last word.
Where the person claiming to have been injured has brought a civil action in the manner provided for in Article 420-1, the President shall read out the claim as soon as the hearing has been completed. The Public Prosecutor makes his submissions; the accused and, if applicable, the person civilly liable present their defence. If the court deems it necessary, it may order the civil party to appear. In this…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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