Production And Discussion Of Evidence
LexInter | July 19, 2003 | 0 Comments

Production And Discussion Of Evidence

CODE OF CRIMINAL PROCEDURE
(Legislative Part)
 

Section III: Production and discussion of evidence

Article 323

(Law n ° 93-2 of January 4, 1993 art. 224 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law n ° 93-2 of January 4, 1993, art. 85 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 the accused’s lawyer is not registered with a bar, the president informs him that he cannot say anything against his conscience or the respect due to the law and that he must speak with decency and moderation. .

Article 324

(Ordinance nº 60-529 of June 4, 1960 art. 8 Official Journal of June 8, 1960)
Law nº 85-1407 of December 30, 1985 art. 40 Official Journal of December 31, 1985 in force on February 1, 1986)
(Law n ° 93-2 of January 4, 1993, art. 85 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 president orders the bailiff to call the witnesses called by the public prosecutor, the accused and the civil party whose names have been served in accordance with the prescriptions of article 281.
 

Article 325

(Law n ° 93-2 of January 4, 1993, art. 85 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 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 326

(Law n ° 93-2 of January 4, 1993, art. 85 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)
(Law n ° 2000-1354 of December 30, 2000 art. 9 Official Journal of December 31, 2000 in force on January 1, 2001)
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

   When a witness called does not appear, the court may, on requisition of the public prosecutor or even ex officio, order that this witness be immediately brought by the police before the court to be heard there, or refer the case to the next session.
   In all cases, a witness who does not appear or who refuses either to take an oath or to give his testimony may, on requisition of the public prosecutor, be sentenced by the court to a fine of 3,750 euros.
   The way of the opposition is open to the convicted person who has not appeared. The opposition is exercised within five days of the service of the judgment made to his person or to his home. The court rules on this opposition either during the current session or during a subsequent session.

Article 327

Law nº 93-2 of January 4, 1993 art. 85 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. 136 Official Journal of June 16, 2000 in force on January 1, 2001)

   The president invites the accused and the jurors to listen attentively to the reading of the referral decision, as well as, when the Assize Court rules on appeal, questions put to the Assize Court having ruled in first instance, answers given to the questions, the decision and the sentence pronounced.
   He invited the clerk to read it.

Article 328

(Law n ° 93-2 of January 4, 1993, art. 85 and 86 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 president questions the accused and receives his statements.
   He has a duty not to express his opinion on guilt.

Article 329

Ordinance nº 60-529 of June 4, 1960 art. 8 Official Journal of June 8, 1960)
(Law n ° 93-2 of January 4, 1993, art. 85 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 called by the public prosecutor or the parties are heard in the debate, even if they have not testified at the trial, or if they have not been summoned, provided that their names have been served in accordance with the prescriptions of article 281.

Article 330

(Ordinance nº 60-529 of June 4, 1960 art. 8 Official Journal of June 8, 1960)
(Law n ° 93-2 of January 4, 1993, art. 85 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 public prosecutor and the parties may object to the hearing of a witness whose name has not been served on them or who has been improperly served on them.
   The court rules on this opposition.
   If it is found to be justified, these witnesses may be heard, for information purposes, under the discretionary power of the President.

Article 331

(Ordinance nº 60-1067 of October 6, 1960 art. 1 Official Journal of October 7, 1960)
(Law nº 93-2 of January 4, 1993, art. 85 and 87 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 25 August 1993 in force on 2 September 1993)
(Law n ° 2004-204 of March 9, 2004 art. 154 Official Journal of March 10, 2004)

   Witnesses testify separately from each other, in the order established by the President.
   The witnesses must, at the request of the president, make known their name, first names, age, profession, their domicile or residence, if they knew the accused before the fact mentioned in the remand judgment, if they are relatives or allies. , either the accused or the civil party, and to what degree. The president asks them again if they are not attached to the service of one or the other.
   Before beginning their testimony, witnesses take an oath “to speak without hatred and without fear, to speak the whole truth, nothing but the truth”. That being done, the witnesses testify orally. The president may authorize witnesses to use documents during their hearing.
   Subject to the provisions of article 309, witnesses are not interrupted in their testimony.
   Witnesses testify only, either on the charges against the accused, or on his personality and his morality.

Article 332

(Law n ° 93-2 of January 4, 1993, art. 85 and 88 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 each testimony, the president may ask questions of the witnesses.
   The public prosecutor, as well as the counsel for the accused and the civil party, the accused and the civil party, have the same power, under the conditions determined in article 312.

Article 333

(Ordinance nº 60-529 of June 4, 1960 art. 8 Official Journal of June 8, 1960)
(Law n ° 93-2 of January 4, 1993, art. 85 and 89 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 president shall have, on his own initiative or at the request of the public prosecutor or of the parties, drawn up by the clerk, a report of the additions, changes or variations which may exist between the testimony of a witness and his previous statements. These minutes are attached to the minutes of the debates.

Article 334

Law nº 93-2 of January 4, 1993 art. 85 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)

   Each witness after his testimony remains in the courtroom, unless the President orders otherwise, until the end of the proceedings.

Article 335

(Law n ° 93-2 of January 4, 1993, art. 85 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 following depositions cannot be received under oath:
   1 ° From the father, mother or any other ascendant of the accused, or one of the accused present and subject to the same debate;
   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;
   6 ° of the civil party;
   7º Children under the age of sixteen.
 

Article 336

(Law n ° 93-2 of January 4, 1993, art. 85 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)

   Nevertheless, the hearing under oath of the persons designated by the preceding article does not entail nullity when the public prosecutor nor any of the parties has opposed the taking of the oath.
   In the event of opposition from the prosecution or one or more of the parties, the witness may be heard for information purposes, under the discretionary power of the president.

Article 337

(Law n ° 93-2 of January 4, 1993, art. 85 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 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 Assize Court.
   The person whose denunciation is financially rewarded by the law may be heard as testimony, unless there is opposition from one of the parties or from the public prosecutor.

Article 338

(Law n ° 93-2 of January 4, 1993, art. 85 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 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 and heard. it takes place after further depositions, with or without confrontation.

Article 339

(Law n ° 93-2 of January 4, 1993, art. 85 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 ° 2004-204 of March 9, 2004 art. 155 Official Journal of March 10, 2004)

   The president may, before, during or after the hearing of a witness or the examination of an accused, have one or more accused withdrawn and examine them separately on certain circumstances of the trial; but he is careful not to resume the rest of the debates until after having instructed each accused of what was done in his absence and what resulted from it.
 

Article 340

(Law n ° 93-2 of January 4, 1993, art. 85 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 examination, the magistrates and the jurors can take note of what seems important to them, either in the testimony of the witnesses, or in the defense of the accused, provided that the debates are not interrupted.
 

Article 341

(Law n ° 93-2 of January 4, 1993, art. 85 and 90 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 the course of or following the depositions, the president shall, if necessary, present the evidence to the accused or witnesses and receive their observations.
   The president also has them presented, if necessary, to the assessors and jurors

Article 342

(Law n ° 93-2 of January 4, 1993, art. 85 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, may specially order this witness to be present at the proceedings. until their closure and in addition to remain in the courtroom until the delivery of the judgment of the Assize Court. In the event of a breach of this order, the president has the witness placed under provisional arrest.
   After reading the judgment of the Assize Court, or, in the case of referral to another session, the president orders that the witness be, by the police, brought without delay before the public prosecutor requests him to l ‘
   The clerk transmits to this magistrate a copy of the report which may have been drawn up by application of article 333.
 

Article 343

(Law n ° 93-2 of January 4, 1993, art. 85 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 any event, the court may order ex officio, or at the request of the public prosecutor or one of the parties, the referral of the case to the next session.
 

Article 344

(Law n ° 72-1226 of December 29, 1972 art. 15 Official Journal of December 30, 1972 in force on January 1, 1973) 
(Law n ° 93-2 of January 4, 1993, art. 85 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. 110 Official Journal of June 16, 2000)

   In the event that the accused, the civil party, the witnesses or one of them do not speak the French language sufficiently or if it is necessary to translate a document used in the proceedings, the president automatically appoints an interpreter. at least twenty-one years old, and makes him take an oath to bring his assistance to justice in his honor and in his conscience.
   The public prosecutor, the accused and the civil party, can challenge the interpreter by giving reasons for their challenge. The court rules on this challenge. Its decision is not subject to any appeal.
   The interpreter cannot, even with the consent of the accused or the public prosecutor, be taken from among the judges composing the court, the jurors, the clerk who holds the hearing, the parties and the witnesses.

Article 345

(Law n ° 93-2 of January 4, 1993, art. 85 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. 37 Official Journal of June 16, 2000 in force on January 1, 2001)

   If the accused is deaf, the president appoints ex officio to assist him during the trial a sign language interpreter or any qualified person mastering a language or a method for communicating with the deaf. The latter takes an oath to bring his assistance to justice in his honor and in his conscience.
   The president can also decide to use any technical device allowing to communicate with the deaf person.
   If the accused can read and write, the president can also communicate with him in writing.
   The other provisions of the previous article are applicable.
   The president may proceed in the same way with witnesses or civil parties suffering from deafness.

Article 346

(Law n ° 93-2 of January 4, 1993 art. 224 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law n ° 93-2 of January 4, 1993, art. 85 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)

   Once the hearing is completed, the civil party or his lawyer is heard. The public prosecutor takes his requisitions.
   The accused and his lawyer present their defense.
   The reply is allowed to the civil party and the public prosecutor, but the accused or his lawyer will always have the floor.

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