BOOK SECOND
LAWS OF CRIMINAL PROCEDURE
PART I
OF THE AUTHORITIES TO WHICH THE ADMINISTRATION OF CRIMINAL JUSTICE IS ENTRUSTED
Title IV Of the Criminal Court
461. (1) If the Attorney General or the accused desires to prove facts upon the existence or non-existence of which depends the admissibility of evidence for the production of which the permission of the court has been obtained under the provisions of article 440, he may adduce evidence of such facts at the stage of the trial at which such permission has been obtained.
(2) The same shall apply with regard to evidence as to the existence of the circumstances required under article 646 for the admissibility of any of the depositions therein referred to, when the request for the production of any such deposition is made during the trial.
BOOK SECOND
LAWS OF CRIMINAL PROCEDURE
PART III OF MATTERS APPLICABLE TO ALL CRIMINAL TRIALS
Title I Of Witnesses and Experts
Sub-title I Of Witnesses
638. (1) In general, care must be taken to produce the fullest and most satisfactory proof available, and not to omit the production of any important witness.
(2) Nevertheless, in all cases, the testimony of one witness if believed by those who have to judge of the fact shall be sufficient to constitute proof thereof, in as full and ample a manner as if the fact had been proved by two or more witnesses.
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.