''Article 31: Right to Fair and Impartial Trial''

4. Everyone charged with a criminal offense has the right to examine witnesses and to obtain the obligatory attendance of witnesses, experts and other persons who may clarify the evidence.

PART ONE GENERAL PROVISIONS
CHAPTER I FUNDAMENTAL PRINCIPLES AND DEFINITIONS
Article 9
Equality of Parties
1. The defendant and the state prosecutor shall have the status of equal parties in criminal proceedings, unless otherwise provided for by this Code .
2. The defendant has the right and shall be allowed to make a statement on all the facts and
evidence which incriminate him and to state all facts and evidence favorable to him. He has
the right to request the state prosecutor to summon witnesses on his behalf. He has the right
to examine or to have examined witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as witnesses against him.
3. The injured party or victim has the right and shall be allowed to make a statement on all the
facts and evidences, he has the right to examine witnesses, expert and to request the state
prosecutor to summon witnesses.
4. If the state prosecutor determines that sufficient evidence was collected during the investigation
to support well-grounded suspicion to proceed to the main trial, the state prosecutor shall draft
the indictment and shall present the facts on which he bases the indictment, and shall provide
evidence of these facts.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
C. TAKING PRE-INDICTMENT EVIDENCE
Article 130
Requirements of Pretrial Testimony Session
5. Each party shall be given an opportunity to examine the witness who has been examined by
the other party.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
C. TAKING PRE-INDICTMENT EVIDENCE
Article 134
Decision to Engage Expert
2. The defendant, defense counsel, victim or victim advocate may challenge the selection of an
expert based on his qualifications or potential conflict of interest by filing a challenge with the
pretrial judge. The pretrial judge shall rule on the selection of an expert within ten (10) days from
the moment of engaging the expert .

PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
C. TAKING PRE-INDICTMENT EVIDENCE
Article 138
Pretrial Expert Testimony
4. The expert shall be questioned by the state prosecutor, the defense counsel and the injured
party or victim and the victim advocate or victim’s representatives.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XVII EVIDENCE
Article 257
Limitations on Evidence
1. The court does not find the accused guilty based solely, or to a decisive extent, on testimony
or other evidence which could not be challenged by the defendant or defense counsel through
questioning during some stage of the criminal proceedings .

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER VII COMMENCEMENT OF THE MAIN TRIAL AND THE PLEA OF THE ACCUSED
Article 319
Instructions to the Accused
1. The single trial judge or presiding trial judge invites the accused to follow closely the course
of the main trial and instructs him that he may state his case, address questions to the co-
accused, witnesses and expert witnesses, and make comments on and give explanations of
their testimony.
2. The single trial judge or presiding trial judge then instructs the accused:
2.1. that he has a right not to give testimony in connection with his case or to answer any
questions;
2.2. that if he gives testimony, he is not obliged to incriminate himself or his next of kin,
nor to confess guilt;
2.3. that he may defend himself in person or through legal assistance by a defense
counsel of his own choice; and
2.4. of consequences related to Articles 299 paragraph 1 and 349 paragraph 1 of this
Code.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER X PRESENTATION OF EVIDENCE
Article 328
Direct Examination, Cross Examination and Reexamination of Witness
1.When a party presents evidence, the party proposing the evidence questions the witness or
presents the evidence first.
2. Other parties will then be given the opportunity to cross examine the witness or challenge the
witness’ credibility.
3.The party who sponsored the evidence is given the final opportunity to clarify answers with the
witness or rehabilitate the witness’ credibility.
4. If a party is represented by more than one counsel, only the lead counsel may examine
witnesses, cross examine witnesses and rehabilitate witnesses.