Administration of evidence
LexInter | July 19, 2003 | 0 Comments

Administration of evidence

Article 427

(Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993)
 Except in cases where the law provides otherwise, offenses can be established by any method of proof and the judge decides according to his personal conviction.
The judge can base his decision only on evidence which is brought to him during the debates and contradictorily discussed before him.

Article 428

(Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993)
The confession, like any other piece of evidence, is left to the discretion of the judges.

Article 429

(Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993) (Law n ° 2000-516 of June 15, 2000 art. 41 Official Journal of June 16, 2000 in force on January 1, 2001)
Any report or report has evidential value only if it is regular in form, if its author has acted in the exercise of his functions and reported on a matter of his competence what he saw, heard or observed personally.
All interrogation or hearing minutes must include the questions answered.

Article 430

(Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993)
Unless the law provides otherwise, the minutes and reports noting offenses are only valid as information.

Article 431

(Law n ° 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994)
(Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2, 1993)
In cases where judicial police officers, judicial police officers or officials and agents responsible for certain judicial police functions have received from a special provision of the law the power to record offenses by means of official reports or reports. reports, proof to the contrary can only be given in writing or by witnesses.

Article 432

(Law nº 93-2 of January 4, 1993 art. 224 Official Journal of January 5, 1993 in force on March 1, 1993) (Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2, 1993)
Written evidence cannot result from correspondence between the accused and his lawyer.

Article 433

(Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993)
  The matters giving rise to official reports until the registration of forgery are regulated by special laws. In the absence of an express provision, the procedure for registering forgeries is regulated as stated in Title II of Book IV.

Article 434

(Ordinance nº 60-259 of June 4, 1960 art. 2 Official Journal of June 8, 1960) (Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93 -1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2, 1993)
  If the court considers that an expertise is necessary, it is carried out in accordance with articles 156 to 166, 168 and 169.

Article 435

(Law n ° 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994)
(Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2, 1993)
Witnesses are cited as stated in Articles 550 et seq.

Article 436

(Law n ° 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994)
(Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2, 1993)
 After making the findings provided for in article 406, the president orders the witnesses to retire to the room intended for them. They only come out to deposit. The president takes, if necessary, all useful measures to prevent witnesses from conferring among themselves before their testimony.

Article 437

(Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993)

Anyone called to be heard as a witness is required to appear, take an oath and testify.

Article 438

(Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993) (Law nº 2000-1354 of December 30, 2000 art. 10 Official Journal of December 31, 2000) (Ordinance nº 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

 The witness who does not appear or who refuses, either to take an oath or to give his testimony, may be, at the request of the public prosecutor, condemned by the court to a fine of 3,750 euros.

Article 439

(Law nº 93-2 of January 4, 1993, art. 93 and 143 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2, 1993)
If the witness does not appear, and if he has not put forward a reason for excuse recognized as valid and legitimate, the court may, on requisitions of the public prosecutor or even ex officio, order that this witness be immediately brought before him by the police to be heard there, or to refer the case to a next hearing.

Article 440

(Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993)
   A witness who has been sentenced to a fine or to costs for non-appearance may, at the latest within five days of the service of this decision made on his person or at his domicile, file an opposition.
The way of appeal is open to him only on the judgment rendered on this opposition.

Article 441

(Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993)
   A witness who has been convicted of refusing to take an oath or testify may appeal.

Article 442

(Law nº 93-2 of January 4, 1993 art. 95 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993)
(Law n ° 2000-516 of June 15, 2000 art. 39 Official Journal of June 16, 2000 in force on January 1, 2001)
   Before proceeding to the hearing of witnesses, the president questions the accused and receives his statements.

Article 442-1

(inserted by Law n ° 2000-516 of June 15, 2000 art. 39 Official Journal of June 16, 2000 in force on January 1, 2001)
   Subject to the provisions of article 401, the public prosecutor and the lawyers of the parties may directly put questions to the defendant, the civil party, the witnesses and all persons called to the bar, asking the president to speak.
The accused and the civil party can also ask questions through the president.

Article 443

(Law n ° 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994)
(Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2, 1993)
   When a witness is deaf-mute or does not speak the French language sufficiently, the provisions of Articles 407 and 408 apply.

Article 444

(Ordinance nº 60-1067 of October 6, 1960 art. 2 Official Journal of October 7, 1960) (Law nº 93-2 of January 4, 1993 art. 93 and 96 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2, 1993)

The witnesses then testify separately, either on the charges against the accused, or on his personality and his morality.
Among the witnesses cited, those produced by the prosecuting parties are heard first, except for the president to decide himself the order of hearing of the witnesses.
May also, with the authorization of the court, be admitted to testify, the persons proposed by the parties who are present at the opening of the proceedings without having been duly summoned.

Article 445

(Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993)
   The witnesses must, at the request of the president, make known their name, first names, age, profession and domicile, if they are relatives or allies of the defendant, of the civilly responsible person or of the civil party and if they belong to them. service.
If necessary, the president makes them specify which relations they have or had had, with the defendant, the civilly responsible person, or the civil party.

Article 446

(Law nº 93-2 of January 4, 1993 art. 93 and 97 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2, 1993)
   Before beginning to give evidence, witnesses take an oath to tell the whole truth, nothing but the truth.
 

Article 447

(Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993)
   Children under the age of sixteen are heard without taking an oath.
Article 448
(Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993)

Depositions are received under the same conditions:
1 ° From the father, mother or any other ascendant of the defendant or one of the defendants present and involved in the same case;
2 ° Of the son, the daughter or any other descendant;
3º Brothers and sisters;
4º Allies in the same degrees;
5 ° of the husband or the wife; this prohibition remains even after divorce.

Article 449

(Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993)
   However, the persons referred to in Articles 447 and 448 may be heard under oath when neither the public prosecutor nor any of the parties objected.

Article 450

(Law n ° 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994)
(Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2, 1993)

The witness who has taken the oath is not required to renew it if he is heard a second time during the proceedings.
The president will remind him, if necessary, of the oath he has taken.

Article 451

(Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on March 1, 1993) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993)

The person who, acting by virtue of a legal obligation or on his own initiative, has brought the facts prosecuted to the attention of justice, is received as testimony, but the president notifies the court.
The person whose denunciation is financially rewarded by the law can also be heard in testimony, unless there is opposition from one of the parties, or from the public prosecutor.

Article 452

(Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on March 1, 1993) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993)

Witnesses testify orally.
However, they may, exceptionally, use documents with the authorization of the president.

Article 453

(Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993)
   The clerk takes note of the progress of the debates and mainly, under the direction of the president, the statements of the witnesses as well as the answers of the accused.
The hearing notes are signed by the clerk. They are endorsed by the president no later than three days following each hearing.

Article 454

(Law nº 93-2 of January 4, 1993 art. 93 and 98 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2, 1993) (Law n ° 2000-516 of June 15, 2000 art. 39 Official Journal of June 16, 2000 in force on January 1, 2001)
   After each testimony, the president and, under the conditions provided for in article 442-1, the public prosecutor and the parties ask the witness the questions they deem necessary.
The witness may withdraw after giving evidence, unless the president decides otherwise.
The public prosecutor, as well as the civil party and the accused, can request, and the president can always order, that a witness withdraws momentarily from the courtroom after his testimony, to be introduced there and heard if there is. takes place after further depositions with or without confrontation.

Article 455

(Law nº 93-2 of January 4, 1993 art. 93 and 100 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2, 1993)
   During the debates, the president, if necessary, presents the evidence to the accused or witnesses and receives their observations.

Article 456

(Law nº 93-2 of January 4, 1993 art. 224 Official Journal of January 5, 1993 in force on March 1, 1993) (Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2, 1993)
   The court, either ex officio, or at the request of the public prosecutor, the civil party or the accused, can order all transport useful for the manifestation of the truth.
The parties and their lawyers are called to attend. A report of these operations is drawn up.

Article 457

(Law nº 93-2 of January 4, 1993 art. 93 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993)
   If, according to the proceedings, the testimony of a witness appears to be false, the president, either ex officio or at the request of the public prosecutor or of one of the parties, has the precise statements of the witness recorded in the hearing notes. .
He may specifically order this witness to remain at the disposal of the court, which will hear him again, if necessary.
If the judgment is to be delivered the same day, the president can also have this witness kept by the police in or out of the courtroom.
After reading the judgment on the merits, the court orders its conduct before the public prosecutor who requires the opening of an investigation for false testimony.
It is drawn up immediately by the court, after the reading of the judgment on the merits, a report of the facts or statements from which false testimony may result.
These minutes and a dispatch of the hearing notes are sent without delay to the public prosecutor.
 

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