PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 31
During a criminal proceeding, everyone has the right:
d. to ask witnesses who are present and to seek the presentation of witnesses, experts and other persons who can clarify the facts.
CHAPTER IV THE DEFENDANT
Article 34/a Rights of the defendant
1. The person under investigation or the defendant shall be entitled to:
be informed in a shortest time possible in a language he understands, on the charge for which he is investigated as well as the grounds of the charges;
f) question witnesses, experts and other defendants during the trial;
CHAPTER V THE DEFENDANT’S LAWYER
Article 50
Extension of the defendant’s rights to the defense lawyer
2. The defense lawyer has the right to communicate freely and in private with the detained, arrested or convicted person, to have prior notice of the investigative actions conducted in the presence of the defendant and to participate to them, to ask questions to the defendant, witnesses and experts, to have access to all the materials of the case at the conclusion of the investigations.
TITLE VII THE TRIAL
CHAPTER II THE COURT TRIAL
SECTION III OBTAINING OF EVIDENCE
Article 361 Questioning of witnesses
1. The questioning of the witnesses is made initially by the prosecutor or the defense lawyer or representative who has requested the questioning. Then, the questioning continues by the parties, in order.
2. The one who has requested the questioning may ask questions even after the other parties have terminated theirs.
3. The party requesting the questioning shall not be allowed to make questions that influence negatively on the impartiality of the witness or that intend to suggest the answers.
4. The presiding judge may allow the witness to look at the documents prepared by the witness in order to help his memory.
5. Repealed
6. During the questioning of the witness, the presiding judge may ask questions and, when appropriate, intervene to insure orderly questioning, truthfulness of the answers, the accuracy of questions and objections, as well as to guarantee respect for the person.
7. The witness may be questioned at distance, within the country or abroad, through audio-visual links, in compliance with rules provided by international agreements and provisions of this Code. The person authorized by the court shall remain at the witness’s location, certifies his/her identity, and ensures the correct process of questioning and of the implementation of protective measures. these actions are reflected in the minutes.
8. The victims of the sexual criminal offences, trafficking or other domestic violence offences, upon their request, may be questioned as witnesses through audio and audio-visual tools.
Article 8- Questioning of witnesses
The courts for serious crimes and the courts of appeal for serious crimes may permit that questioning of witnesses, as well as confrontations and permissible readings be performed under the following rules, either together or separately:
a) in the presence of the defendant and the defence attorney, but without visual contact;
b) without communicating to the defendant and the defence attorney the identity of the witness;
c) in certain other cases and ways, determined according to the legislation on the protection of witnesses and justice collaborators.
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;