Chapter 2 Rights of the Victim, plaintiff, Suspect, Accused and Defendant
Rights of Suspect, Accused Person and Defendant during Different Legal Prosecution Stages
Article 7:
Suspects, accused persons, and defendants are entitled to the following rights during the legal prosecution stages:
6– To provide evidence and witnesses; to question the witnesses who have testified against him/her and to ensure the presence of and to hear the witnesses who testify in his/her favor.
Chapter 2 Rights of the Victim, Plaintiff, Suspect, Accused and Defendant
Rights of Suspect, Accused Person and Defendant during Different Legal Prosecution Stages
Article 7:
Suspects, accused persons, and defendants are entitled to the following rights during the legal prosecution stages:
19–The right to examine witnesses.
Chapter 5 Testimony
Forbiddance of Leading the Witness
Article 35
(2) Once the witness gives the information, the accused persons or their legal representatives, the prosecutor, and the members of judicial team can question the witness.
Section 3 Trial
Chapter 7 Judicial Proceedings
Questioning of the Witness
Article 218
The witness first shall be questioned by the judge and shall be advised to take the following oath before testifying: “I will say nothing but the truth”. Afterward the prosecutor, victim, plaintiff, the accused person, and the defendant or their legal representatives shall question the witness. They may once again question the witness to clarify the incidents mentioned in thefirst testimony.
Section 3 Trial
Chapter 7 Judicial Proceedings
Hearing Order of Witness Testimonies
Article 219:
(1) First the prosecution witness testimony and then defense witness testimony shall be heard.
(2) Both parties to the litigation may question the witness a second time, to testify on details of the incident mentioned in his/her first testimony or ask for testimonies of new witnesses for the same cause.
Section 3 Trial
Chapter 7 Judicial Proceedings
Addressing Questions to Witnesses
Article 220
(1) The court may, for the exposure of truth direct any questions to the witnesses or let the litigation parties do so.
(2) The court is obligated to prevent questions which are not related to the case or are not legitimate questions to be asked from the witnesses.
(3) The court is bound to prohibit the making of any figurative or clear-cut statements, or gesture, which may confuse the thoughts of or frighten the witness.
(4) The court may reject the testimony of witnesses with reasons on incidents that are sufficiently clear to the court.
Chapter 4 The Trial
Article 39.
Conduct of the Trial
(b) The accused and his defense counsel are required to be present in the trial, and ask the witnesses and experts to provide necessary information.
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;