CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE III
ON PROCEDURAL PARTICIPANTS

CHAPTER VI
ON SUSPECTS, DEFENDANTS AND CONVICTS

Article 60
Rights of the defendant

In addition to other rights enshrined in the law, the defendant enjoys the following rights :

(c) to freely decide to make or not to make statements and to do it, even at his or her own request, at any stage of the investigation or of the trial hearing, except as provided in paragraph 61(a) ;

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE III
ON PROCEDURAL PARTICIPANTS

CHAPTER VI
ON SUSPECTS, DEFENDANTS AND CONVICTS

Article 60
Rights of the defendant

In addition to other rights enshrined in the law, the defendant enjoys the following rights :

(h) to provide evidence and request any action deemed necessary for his or her defence ;

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE III
ON PROCEDURAL PARTICIPANTS

CHAPTER VI
ON SUSPECTS, DEFENDANTS AND CONVICTS

Article 62
General rules for questioning

4. The defendant is subsequently informed, in a clear and precise fashion, of the acts being imputed to him or her and, where this might not impact negatively the investigation, of the evidence against him or her ; questioning shall then be conducted, should the defendant wish to make any statements, the latter being advised that silence shall not be detrimental to him or her.

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE V
ON PROOF

CHAPTER II
ON EVIDENCE

SECTION II
ON STATEMENTS BY THE DEFENDANT

Article 117
General rule

1. Statements by the defendant shall constitute evidence only where, after the latter is advised that he or she may refrain from doing so, the defendant decides to make such statements, which can be made at all times until the closure of the trial hearing.

2. If the defendant decides to make statements, he or she does not take an oath and may, without any justification, refuse to answer some of the questions only.

3. Articles 62 to 64 are correspondingly applicable.

4. Statements by the defendant are assessed at the court’s discretion.

CRIMINAL PROCEDURE CODE

PART II
ON ORDINARY PROCEDURES

TITLE II
ON TRIALS

CHAPTER II
ON HEARINGS

SECTION III
ON PRODUCTION OF PROOFS

Article 268
Statements by the defendant

3. Where the defendant wishes to make statements as to the grounds of the action, the judge shall ask him or her whether he or she admits or denies the facts set forth in the indictment.

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:
(h) To make an unsworn oral or written statement in his or her defence