PART II

TITLE VII- THE TRIAL

CHAPTER II- THE COURT EXAMINATION

SECTION III - THE TAKING OF EVIDENCE

Article 361- Examination of witnesses

1. The questioning of the witnesses is made directly by the prosecutor or the defence lawyer or attorney who has demanded the questioning. After this, the questioning continues by the parties, in order.

2. The one who has demanded the questioning may ask questions even after the other parties have terminated theirs.

3. Questions are prohibited that influence negatively the impartiality of the witness or that intend to suggest the answers.

4. The presiding judge may permit the witness to look at the documents prepared by the witness in order to help his memory.

5. The questioning of juvenile witnesses may be performed by the presiding judge, upon the parties’ requests and objections. The presiding judge may be assisted by a member of the juvenile’s family or by an expert of child education. When it is considered that the direct questioning of the juvenile does not harm his psychological condition, the presiding judge orders the continuation of the questioning according to the provisions of paragraphs 1 and 2. The order may be revoked during the questioning.

6. During the questioning of the witness the presiding judge may ask questions and, when appropriate, intervene to insure orderly questioning, the truthfulness of the answers, the accuracy of the interrogations and objections, as well as to guarantee respect for the person.

7. The witness may be interrogated at a distance, in the country or abroad, through audiovisual connection, in compliance with rules stipulated in international agreements and provisions of this Code. The person authorized by the Court remains at the witness’s location, certifies his/her identity, and ensures the correct process of interrogation and of the implementation of protective measures. These actions are recorded in a report.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute