Section III
PROCEEDINGS IN TRIAL COURT
Chapter 26
EXAMINATION DURING TRIAL
Article 303. Examining a witness
Each witness is examined separately in the absence of witnesses who have not been examined.
Before examination each witness is asked questions in order to find out his/her relations with the defendant and the victim and is invited to tell everything he/she knows in the case. After the witness has told everything he/she knows in the case, he/she is examined by prosecutor, victim, civil plaintiff, civil defendant, defense counsel, defendant, judge, and people’s assessors, as well as defense counsel invited by him/her.
Whenever a witness has been cited in court session upon prosecutor’s motion or petition of other participants to trial, the witness is asked questions first by the participant to trial upon whose petition the witness has been cited.
Throughout the entire examination of the witness by participants to trial, the court may ask the witness questions to clarify and supplement his/her answers.
To ensure security of the witness to be examined, the court (judge), upon its own initiative or upon motion of the prosecutor, defense counsel or petition of the witness himself/ herself, passes a motivated ruling to examine the witness concerned with the use of technical means from another premise, including outside court’s building, and to give participants to the process the right to listen his/her testimonies, ask questions and hear answers thereto.
If there is a risk that witness’s voice can be identified, examination may be accompanied by acoustic noises.
If it appears impossible to examine the witness with the use of technical means, the court (judge) examines him/her in the absence of the defendant. Examined witness is removed from the courtroom.
After the defendant has returned in the courtroom, presiding judge makes him/her aware of testimonies which were given by the witness and gives him/her the possibility to provide explanations with regard to such testimonies.
Defendant and participants to trial may ask the witness questions.
The witness answers questions in the absence of the defendant.
Examined witnesses stay in courtroom and may not leave without presiding judge’s permission till the trial is completed.
(Article 303 as amended by Laws No 1381-XIV ( 1381-14 ) of 13.01.2000, No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001, No 2395-VI ( 2395-17 ) of 01.07.2010).
Article 304. Additional examination or re-examination of a witness
Each participant to trial may ask witness additional questions in order to clarify or supplement answers given to questions of other persons.
Every witness may be additionally examined or re-examined in the presence of other witnesses who have been already examined or during confrontation.
Article 305. Witness’s right to use notes
Testifying witness may have on him/her notes when testimonies relate to calculations and other information difficult to be kept in mind.
The witness is allowed to read out documents relating to his/her testimonies. Such documents should be produced to court and participants to trial upon their request; these documents may be attached to records of the case upon court’s ruling.
Article 306. Announcing witness’s testimonies
Upon its own initiative or motion of the prosecutor or petition of other participants to trial, the court may announce testimonies the witness has given during inquiry, pre-trial investigation, or trial, in the following instances:
1) if essential controversies in testimonies the witness has given in during trial, pre-trial investigation or inquire are present;
2) witness’s appearance is impossible for one or another reason;
3) if the case is heard in the absence of the witness as prescribed in Article 292, second paragraph, of the present Code.
Testimonies of the witness who has been examined under Article 292-1 of the present Code may also
be announced in court session.
(Article 306 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 8627-X ( 8627-10 ) of 20.03.85, by Law No 1381-XIV ( 1381-14 ) of 13.01.2000).
Article 307. Examining an underage witness
An underage witness under 14 years of age and, upon court’s discretion, under 16 years of age is examined in court as prescribed in Article 168 of the present Code.
After examination of the underage witness, the latter is removed from courtroom, unless the court, upon its own discretion or upon prosecutor’s motion or petition of other participants to trial finds that presence of such witness in courtroom is required.
On exceptional basis, when interests of the case or protection of the witness so require, the underage witness can be examined, upon court’s ruling, in the absence of the defendant. After the defendant has returned in courtroom, the court is required to make the defendant aware of witness’s testimonies and give him/her the possibility to ask witness questions and provide explanations as to witness’s testimonies.
Procedure for witness testimony - national proceedings
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