PART VIII
EVIDENCE, AMENDMENT, JUDGMENTS, ETC.
41. Depositions may be read in evidence for other offence than that for which they were taken.
Depositions taken in the preliminary or other investigation of any charge against any person may be read as evidence in the prosecu¬tion of such person for any other offence whatsoever, upon the like proof, and in the same mannerin all respects, as they may, according to law, be read in the prosecution of the offence with which such person was charged when the depositions were taken.
PART VIII
EVIDENCE, AMENDMENT, JUDGMENTS, ETC.
43. Crime or interest does not incapacitate a witness
No person offered as a witness shall, by reason of any alleged Crime or interest incapacity from crime or interest, be excluded from giving evidence on the trial of any criminal case, or in any proceeding relating, or incidental, to such case.
44.Persons so offered as witnesses are compellable to give evidence.
Every person, so offered as a witness, shall be admitted and be compellable to give evidence on oath, or solemn affirmation where an affirmation is receivable, notwithstanding that such person has, or may have, an interest in the matter in question, or in the event of the trial in which he is offered as a witness, or of any proceeding relating, or incidental, to such case, and notwithstanding that such person, so offered as a witness, has been previously convicted of a crime or offence.
1. Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.
2. The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.
3. The parties may submit evidence relevant to the case, in accordance with article 64. The Court shall have the authority to request the submission of all evidence that it considers necessary for the determination of the truth.
4. The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia, the probative value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the testimony of a witness, in accordance with the Rules of Procedure and Evidence.
5. The Court shall respect and observe privileges on confidentiality as provided for in the Rules of Procedure and Evidence.
6. The Court shall not require proof of facts of common knowledge but may take judicial notice of them.
7. Evidence obtained by means of a violation of this Statute or internationally recognized human rights shall not be admissible if:
(a) The violation casts substantial doubt on the reliability of the evidence; or
(b) The admission of the evidence would be antithetical to and would seriously damage the integrity of the proceedings.
8. When deciding on the relevance or admissibility of evidence collected by a State, the Court shall not rule on the application of the State's national law.