Book 2: Investigation of Offences, Collection of Evidence and Initial Investigation
Section 4: The Initial Investigation 51-86
Chapter 2: Hearing Witnesses 58-68
Article 58
An investigation is to commence with the recording in writing of the deposition of the plaintiff or informant, then of the testimony of the victim and other prosecution witnesses and of anyone else whose evidence the parties wish to be heard, and also the testimony of any person who comes forward of his own volition to provide information, if such information will be of benefit to the investigation, and the testimony of any other persons who the investigative judge or [judicial] investigator learns is in possession of information concerning the incident.

Book 2: Investigation of Offences, Collection of Evidence and Initial Investigation
Section 4: The Initial Investigation 51-86
Chapter 2: Hearing Witnesses 58-68
Article 59


A. Witnesses are to be summoned by the investigative judge or [judicial] investigator to attend during the investigation by means of a writ of summons which will be served upon them by the Police or by an official of the department issuing the writ or by a village or district mayor or by any other person authorized by law. Writs of summons addressed to persons employed in government establishments or agencies or in official or semi-official departments may be served on them by their departments.


B. In the case of offences committed in the presence of witnesses the witnesses may be summoned orally.


C. An investigative judge may issue an order for the arrest of any witness who fails to attend in due time and for him to be compelled to attend in order to give evidence.

Book 2: Investigation of Offences, Collection of Evidence and Initial Investigation
Section 4: The Initial Investigation 51-86
Chapter 2: Hearing Witnesses 58-68
Article 60


A. Each witness is to be asked to state his full name, occupation, place of residence, relationship to the accused, to the victim, to the complainant and to the civil plaintiff.


B. Each witness who has attained the age of fifteen years is to be required, before he gives evidence, to swear on oath that the evidence he will give shall be the truth. Any person who has not attained the aforementioned age may be heard for the purpose of evidential inquiry without being on oath.

C. A complainant and a civil plaintiff may be heard as witnesses and may take the oath.

Book 2: Investigation of Offences, Collection of Evidence and Initial Investigation
Section 4: The Initial Investigation 51-86
Chapter 2: Hearing Witnesses 58-68
Article 61


A. Testimony is to be given orally but permission may be given for the witness to refer to written notes if the nature of the evidence so requires.


B. Any person who is unable to speak may give his evidence in writing or in conventional sigh language if he is unable to write.


C. If a witness does not understand the language in which the investigation is being conducted, or is deaf or dumb, a person must29 be appointed to translate what the witness says, or interpret the witness's sign language, after taking an oath that he will translate or interpret truthfully and faithfully.


D. In the case of felonies the judge shall record important evidence in writing.

Book 2: Investigation of Offences, Collection of Evidence and Initial Investigation
Section 4: The Initial Investigation 51-86
Chapter 2: Hearing Witnesses 58-68
Article 63


A. Statements by a witness shall be entered in the record or the investigation without any erasures, crossings out, amendments or additions to the text, which when complete shall be read through and signed by the witness, or if the witness cannot read shall be read out to himand then signed by the person who entered it in the record. No correction or alteration shall be accepted unless signed both by the investigative judge or [judicial] investigator and by the witness.


B. The accused and the other parties may make observations on evidence given and may ask for a witness to be questioned again, or for other witnesses to be questioned about other facts to which they refer, unless the investigative judge considers that a response to the request would be impossible or impracticable or would delay the investigation unjustifiably or would pervert the course of justice

Book 3: Courts
Section 3: Court Procedure 152-229
Chapter 2: Court Procedures in non-Summary cases 167-182
Article 168


A. Before giving testimony each witness is asked to give his full name, profession, age, place of work and relationship to the parties. Before giving his testimony, he must swear that he will speak the truth and nothing but the truth.


B. The witness gives his testimony orally and he may not be interrupted during its delivery. If he is unable to speak due to disability, the court will give him permission to write his statement. The court may ask any questions necessary in order to clarify the facts after completion of the testimony. The Public Prosecution, complainant, civilian plaintiff, a civil official and the accused may discuss the testimony via the court61 and ask questions and request clarifications to establish the facts.


C. It is permissible to remove the witness whilst the testimony of another witness is being heard and the witness may be confronted by another witness during the testimony.