'Rights during trial - examine witnesses' in document 'Timor-Leste - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CRIMINAL PROCEDURE CODE

PART II
ON ORDINARY PROCEDURES

TITLE II
ON TRIALS

CHAPTER II
ON HEARINGS

SECTION III
ON PRODUCTION OF PROOFS

Article 271
Statements by witnesses

1. Witnesses are questioned, one after the other, by the order in which they have been indicated, unless the judge reasonably decides otherwise.

2. A witness is questioned by the person who has indicated him or her, and shall then be cross-examined by the remaining procedural participants. The witness may be questioned again if issues that have not been addressed in the initial questioning arise during the cross-examination.

3. The judges may, at all times, ask any questions deemed relevant to the discovery of the truth.

4. The witnesses indicated by a defendant may only be questioned by the defenders of the other defendants if those defenders request the judge to do so and the latter deems it necessary for a reasonable adjudication of the case.

RELEVANT ROME STATUTE PROVISIONS

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