Examination of witnesses - national proceedings

Republic of Iraq

Iraq - Criminal Procedure Code 1971 (2010) EN

Book 2: Investigation of Offences, Collection of Evidence and Initial Investigation
Section 1: Investigating Offences 39-46

Article 43

When a crime scene officer, within his area of competence as specified in Article 39, is informed or becomes aware that an offence has been committed in the presence of witnesses, he is required to notify the investigative judge and the Public Prosecution of the occurrence of the offence, to go immediately to the place where the offence occurred, to take down in writing a statement from the victim of the offence, to orally question the person about the accusation made against him, to impound any weapons and anything that may appear to him to have been used in the commission of the offence, to examine and preserve any material traces of the offence, to establish the status and whereabouts of the persons involved and or anything else that may assist in investigating the offence, to hear statements by any person who was present or that can obtained from other persons concerning the facts of the case or the perpetrator of the offence and to cause a written record of all such information to be duly made.

Book 2: Investigation of Offences, Collection of Evidence and Initial Investigation
Section 1: Investigating Offences 39-46
Article 44

When a crime scene officer goes to the place where a witnessed offence has occurred he may forbid those present to leave or move away from the scene of the offence until an official record has been made. He may also summon immediately any other person who may be able to supply information establishing the facts of the case; if any person refuses such summons the investigating officer shall note the refusal in the official record.

Book 3: Courts
Section 3: Court Procedure 152-229
Chapter 2: Court Procedures in non-Summary cases 167-182
Article 171


The court may hear the testimony of anyone who attends the trial and anyone who puts himself forward with information. It may summon any person to attend to deliver his testimony if it is considered that this testimony will help establish the truth.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(c) The questioning of any person being investigated or prosecuted;