Article 262 - Direct Examination, Cross-examination and Re-direct Examination of Witnesses
Direct examination, cross -examination and redirect examination shall always be permitted. The party who called a witness shall directly examine the witness in question, but the judge or the presiding judge and members of the Panel may at any stage of the examination ask the witness appropriate questions. Questions on cross-examination shall be limited and shall relate to the questions asked during the direct examination and to the questions in support of the statements made by the party which is cross-examining that witness. Questions on redirect examination shall be limited and shall relate to questions asked during cross-examination. After examination of the witness, the judge or the presiding judge and members of the Panel may question the witness.
Leading questions shall not be used during the direct examination except if there is a need to clarify the witness’s testimony. As a rule, leading questions shall be allowed only during the cross-examination. When a party calls the witnesses of the adversarial party or when a witness is hostile or uncooperative, the judge or the presiding judge may at his own discretion allow the use of leading questions.
The judge or the presiding judge shall exercise an appropriate control over the manner and order of the examination of witnesses and the presentation of evidence so that the examination of and presentation of evidence is effective to ascertain the truth, to avoid loss of time and to protect the witnesses from harassment and confusion.
During the presentation of evidence referred to in Article 261(2)(e) of this Code, the Court shall question the witness and then allow the parties and the defense attorney to pose questions to the witness.
Fair trial standards
Rights during trial - examine witnesses
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