FIRST PART
TITLE IV – EVIDENCE
CHAPTER II- TYPES OF EVIDENCE
SECTION I- TESTIMONY
Article 153- Scope of testimony
1. A witness is examined on facts, which constitute object of evidence. He cannot testify on the moral standing of defendant, except when the case is relevant to facts that serve to determine his character in relation to the criminal offence and danger posed to the society.
2. The examination of a witness may also extend to kindred relationship and any existing interests between the witness and parties or any other witnesses, as well as to circumstances, the proof of which is necessary to evaluate his trustworthiness. The testimony on facts that serve to define the character of the person injured by the criminal offence is admitted only when the charge against the defendant must be evaluated against the injured person conduct.
3. A witness is examined on specific facts. He may not testify about what is said in public and may not express personal opinions, except when they cannot be severed from the testimony on facts.
Article 154- Indirect (hearsay) testimony
1. When the witness, for the introduction of facts, refers to other persons, the court, on the request of the party or even ex-officio, orders that they be summoned to testify.
2. Non compliance with the provisions of paragraph 1 makes the statements on facts that the witness has learned from other persons invalid, except in cases when their questioning is impossible because they are deceased, seriously ill or cannot be found.
3. A witness cannot be questioned on facts that he has learnt from persons who are obliged to maintain their professional or state secrecy, except in cases where these persons have given statements on the same facts or have spread them out in any other way.
4. The testimony of a witness who refuses or is unable to tell the person or the source of information on the facts he is questioned on cannot be used.
Other forms of cooperation
National procedures for execution of requests for other forms of cooperation
Examination of witnesses - national proceedings
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