Chapter Two – Fundamental Human Rights
Article 31 – Procedural rights
The defendant shall have the right to request that his/her witnesses be called and interrogated under the same conditions as the witnesses of the prosecution.
Article 14 – Direct and oral examination of evidence
2. A party may request to personally interrogate a witness and present him/her own evidence at the hearing.
Article 38 – Rights and obligations of the accused
14. The accused may: participate in the investigation of his/her charges, also in a court hearing, directly or indirectly, by using technical means; file motions and challenges; examine the evidence of the defence in the same conditions as those in which the evidence of the prosecution is examined; inspect the appeal filed by the party and express his/her opinion on it; examine the record of the court hearing and make remarks on them.
Article 244 – Direct examination
1. A direct examination shall be carried out by the party that summoned the witness for examination.
2. During a direct examination, leading questions may not be put. A party may file a motion not to allow a leading question and/or to recognise such question and the answer to it as inadmissible evidence.
3. The presiding judge shall give a party (witness) a reasonable period to put a question(s) and answer the question asked.
Article 245 – Cross examination
1. A cross examination shall be conducted by the party that did not summon the witness for examination.
2. During a cross examination, leading questions may be asked.
3. The presiding judge shall give a party (witness) a reasonable period to put a question(s) and answer the question asked.
Article 246 – Re-direct and re-cross examination. Objected questions
1. A party may conduct a re-direct and re-cross examination. During a re-direct examination, a party shall be limited to the limits of cross examination, and during a re-cross examination, to the limits of re-direct examination.
2. During the examination of a witness, objected questions shall, upon motion of a party, be struck by the presiding judge.
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;