BOOK I
EXERCISE OF PUBLIC PROSECUTION AND JUDICIAL INVESTIGATION

TITLE III
INVESTIGATING JURISDICTIONS

CHAPTER I
THE INVESTIGATING JUDGE: THE FIRST-TIER INVESTIGATING JURISDICTION

SECTION I
GENERAL PROVISIONS

Article 80-1
On pain of nullity, the investigating judge may place under judicial examination only those persons against whom there is strong and concordant evidence making it probable that they may have participated, as perpetrator or accomplice, in the commission of the offences he is investigating.
He may proceed with the placement under judicial examination only after having previously heard the observations of the person or having given him the opportunity to be heard, when accompanied by his advocate, either in the manner provided by article 116 on questioning at first appearance, or as an assisted witness under the provisions of articles 113-1 to 113-8.
The investigating judge may only proceed to place under judicial examination a person whom he considers unable to use the procedure for assisted witnesses.

BOOK I
EXERCISE OF PUBLIC PROSECUTION AND JUDICIAL INVESTIGATION

TITLE III
INVESTIGATING JURISDICTIONS

CHAPTER I
THE INVESTIGATING JUDGE: THE FIRST-TIER INVESTIGATING JURISDICTION

SECTION I
GENERAL PROVISIONS

Article 82-1
In the course of the investigation the parties may file with the investigating judge a written and reasoned application in order to be heard or interrogated, to hear a witness, for a confrontation or an inspection of the scene of the offence, to order one of them to disclose an element useful for the investigation, or for any other step to be taken which seems to them necessary for the discovery of the truth. On pain of nullity, this application must be made in accordance with the provisions of the tenth paragraph of article 81; it must mention all the acts requested, and where a hearing is concerned, specify the identity of the person whose hearing is requested.
The investigating judge must make a reasoned order within one month from receiving the application, when he decides not to grant it. The provisions of the last paragraph of article 81 are applicable.
Upon the expiry of a four-month term since his last appearance, the person under judicial examination who requests it in writing must be heard by the investigating judge. The investigating judge carries out this interrogation within thirty days from receiving the application, which must be drafted in accordance with the provisions of the tenth paragraph of article 81.

Article 82-2
Where the person under judicial examination under the provisions of Article 82-1 makes a formal request to the investigating judge to visit a particular place, or to hear a witness, a civil party or other person under judicial examination, that person may request that this be done in the presence of his advocate.
The civil party has the same right concerning visits to places, the hearing of a witness or another civil party or an interrogation of the person under judicial examination.

BOOK I
EXERCISE OF PUBLIC PROSECUTION AND JUDICIAL INVESTIGATION

TITLE III
INVESTIGATING JURISDICTIONS

CHAPTER I
THE INVESTIGATING JUDGE: THE FIRST-TIER INVESTIGATING JURISDICTION

SECTION IV
THE HEARING OF WITNESSES

Subsection 1
General provisions

Article 101
The investigating judge summons any person whose statement appears useful to him before him through a bailiff or a police officer. A copy of this summons is handed over to the person.
Witnesses may also be summoned by an ordinary letter, a recorded delivery letter or through administrative channels; they may also appear of their own volition.
Where he is summoned or sent for, the witness is informed that if he does not appear or refuses to appear, he can be compelled to by the law-enforcement agencies in accordance with the provisions of article 109.

Article 102
The witnesses are heard either separately and outwith the presence of the parties, or in the context of a confrontation between themselves or with one or other of the parties, by the investigating judge with the assistance of his clerk. An official record is made of their statement.
The investigating judge may call upon an interpreter who has reached the age of majority, other than his clerk or other witnesses. If the interpreter is not already sworn in, he swears an oath to bring his assistance to justice upon his honour and his conscience.
If the witness is deaf, the investigating judge officially appoints a sign-language interpreter or other qualified person able to communicate with deaf people to help him during the hearing.
This interpreter, if he is not under oath, swears an oath to bring his assistance to justice upon his honour and his conscience. Any other technical means of communicating with the witness may also be used.
If the deaf witness knows how to read and write, the investigating judge may also communicate with him by writing.

Article 103
Witnesses swear an oath to tell the whole truth and nothing but the truth. The judge asks their surname, first names, age, profession, residence, whether they are the parties' family members or relations by marriage, and to what degree, or if they are in their service. A record is made of the questions and of the answers.

Article 105
Persons against whom there is serious and corroborative evidence that they took part in the offences referred to the investigating judge may not be heard as witnesses.

Article 106
Each page of the official records is signed by the judge, the clerk and by the witness. The witness is then invited to read over his statement as it has been transcribed, and then to sign it if he declares that he upholds his statement. If the witness is unable to read, the statement is read to him by the clerk. If the witness refuses or is unable to sign, this is mentioned in the official record. Each page is also signed by the interpreter, where there is one.

Article 107
Official records are drafted in single spacing. Words crossed out and references are approved by the investigating judge, the clerk and the witness and, where necessary, by the interpreter. Without this approval, these words crossed out and references are deemed to be void.
The same rule applies to an official record which has not been signed in accordance with the law.

Article 108
Any person summoned to be heard in the capacity of a witness is obliged to appear, to swear an oath, and to make a statement, subject to the provisions of articles 226-13 and 226-14 of the Criminal Code.
Any journalist heard as a witness in respect of information collected in the course of his activities is free not to disclose its origin.
If the witness does not appear or refuses to appear, the investigating judge may, on the request of the district prosecutor, order him to be produced by the law-enforcement agencies.

Article 110
Enforcement measures taken against the defaulting witness is made by a requisition order. The witness is brought directly before the judge who prescribed the measures.

Article 112
Where a witness is unable to appear, the investigating judge goes to hear him or delivers a rogatory letter for this purpose in accordance with the formalities set out by article 151.

Article 113
If the witness examined in the conditions provided for by the previous article previous was not prevented from appearing in answer to the summons, the investigating judge may sentence this witness to the fine set out in article 109.

Subsection 2
The assisted witness

Article 113-1
Any person mentioned by name in an initial or subsequent prosecutor's submission and who is not under judicial examination may only be heard as an assisted witness.

Article 113-2
Any person mentioned by name in a complaint or implicated by the victim may be heard as an assisted witness. Where he appears before the investigating judge, he is compulsorily heard in this capacity if he requests this. If the person is mentioned by name or implicated in a complaint accompanying the constitution of a civil party, he is advised of this right when he appears before the investigating judge.
Any person implicated by a witness or against whom there is evidence making it seem probable that he could have participated, as the perpetrator or accomplice, in committing the offence of which the investigating judge is seised, may be heard as an assisted witness.

Article 113-3
The assisted witness benefits from the right to be assisted by an advocate, who is informed prior to the hearings and who has access to the case file, in accordance with the provisions of articles 114 and 114-1. This advocate is chosen by the assisted witness or appointed ex officio by the president of the bar association if the person concerned requests this.
The assisted witness may ask the investigating judge to arrange for him to be confronted with the person or persons who have implicated him, in accordance with the provisions of article 82-1, or to file an annulment application based on article 173.
During his first hearing as an assisted witness, the person is informed of his rights by the investigating judge.

Article 113-4
During his first hearing as an assisted witness, the investigating judge certifies his identity, informs him about the initial submission, the complaint or the denunciation, informs him of his rights and carries out the formalities provided for in the last two paragraphs of article 116. This information is noted in the official record.
The investigating judge may notify a person that he will be heard as an assisted witness by sending a recorded delivery letter. This letter includes the information provided for in the first paragraph. It specifies that the name of the advocate chosen or the request for the automatic appointment of an advocate must be sent to the investigating judge's clerk.

Article 113-5
The assisted witness cannot be placed under judicial supervision or in pre-trial detention, or be the subject of a transfer order or be placed under judicial examination.

Article 113-6
At any point of the proceedings, the assisted witness may, during his hearing or by a recorded delivery letter with acknowledgement of receipt, request that the investigating judge place him under judicial examination; the person is then considered as under judicial examination and benefits from all the rights of defence, as from his request, or the sending of his recorded delivery letter with acknowledgement of receipt.
The provisions of article 105 are not applicable to the assisted witness.

Article 113-7
The assisted witness does not take the oath.

Article 113-8
If, during the course of the proceedings, he judges that there is serious corroborative proof justifying the assisted witness being placed under judicial examination, the investigating judge carries out this measure by applying the provisions of the seventh and eighth paragraphs of article 116 in the course of an interrogation taking place under the formalities provided for by article 114.
He may also place the person under judicial examination by sending him a recorded delivery letter, listing each of the charges against him, as well as their legal qualification, and informing him of his right to request steps to be taken or to apply for the proceedings to be annulled as well as the time limit allowed for this procedure to be carried out, in accordance with the provisions of the seventh and eighth paragraphs of article 116.
This recorded delivery letter may be sent to the person at the same time as the notification of the end of the investigation provided for by article 175. It informs him of his right to request steps to be taken or to apply for the proceedings to be annulled within twenty days.
In the cases provided for by the second and third paragraphs of the present article, the person is also informed that if he requests another hearing before the judge, the judge is obliged to interrogate him.

SECTION V
INTERROGATIONS AND CONFRONTATIONS Articles 114 to 121

Article 114
Unless they expressly waive this right, parties may only be heard, interrogated or confronted in the presence of their advocates or when their advocates have been duly called upon.
The advocates are summoned five working days at the latest before the interrogation or examination of the party they assist, by recorded delivery letter with request for acknowledgement of receipt, by fax with receipt, or verbally with a signature in the case file of the proceedings.
The case file is put at their disposal four working days at the latest before each interrogation of the person under judicial examination or each hearing of the civil party. After the first appearance of the person under judicial examination or the first hearing of the civil party, the case file is also put at the permanent disposal of the advocates during working days, subject to the requirements of the proper functioning of the investigating judge's office.
After the first appearance or first examination, the advocates of the parties may request to be provided at their expense with a copy of any or all of the documents and instruments of the case file.
The advocates may transmit a reproduction of the copies obtained in this way to their client. The client states beforehand in writing that he is aware of the provisions of the following paragraph and of article 114-1.
Only copies of the experts' reports may be communicated to third parties, by the parties or their advocates, and for the needs of the defence.
The advocate must notify the investigating judge of the list of documents or procedural acts, copies of which he wishes to give to his client, by a statement made to the investigating judge's clerk, or by a recorded delivery letter with request for acknowledgement of receipt, and made for this sole purpose.
The investigating judge has five working days from receiving the application to refuse to deliver some or all of these copies by making a specially reasoned order in respect of the risks of pressure on the victims, the person under judicial examination, their advocates, the witnesses, the investigators, the experts or any other person taking part in the proceedings.
This decision is made known to the advocate immediately, and by any method. Failing a response from the investigating judge notified within the assigned time limit, the advocate may give his client the copy of the documents or acts in the list that he provided. Within two days of its notification, he can refer the investigating judge's decision to the investigating chamber's president, who rules within five working days by making a written, reasoned and unappealable decision. Where there is no response within the assigned time limit, the advocate may give his client the copy of the documents or acts mentioned on the list.
The rules pursuant to which such documents may be handed by his advocate to a person detained and the conditions under which this person may hold these documents are determined by a Decree of the Conseil d'Etat.
By way of exception to the provisions of the eighth and ninth paragraphs above, the advocate of a civil party whose petition is challenged as inadmissible may not give his client a copy of the documents or procedural acts without the prior authorisation of the investigating judge, which may be sent to him by any means. In the event of a refusal by the investigating judge or in the absence of a response made by this judge within five working days, the advocate may refer to the president of the investigating chamber, who decides within five working days by making a written, reasoned and unappealable decision. In the absence of prior authorisation from the president of the investigating chamber, the advocate may not give the copy of the documents or procedural acts to his client.

Article 114-1
Subject to the provisions of the sixth paragraph of article 114, for a party given a copy of documents or procedural acts, in accordance with this article, to pass them on to a third party, is punished by a fine of €3,750.

Article 115
The parties may at any time of the investigation notify the investigating judge of the name of the advocate they have chosen; if they appoint several advocates, they must indicate to which one of them will be sent the summons and notifications; the latter will be sent to the first advocate chosen in the absence of such a choice.
Except in the case of the initial designation of an advocate by one of the parties or when the designation occurs in the course of an interrogation or hearing, the choice made by the parties under the previous paragraph must be made in the form of a statement to the clerk of the investigating judge. The statement must be noted and dated by the clerk, who signs it together with the party concerned. If the party cannot sign, this fact is recorded by the clerk. Where the party does not live in the area of the court with jurisdiction, the statement to the clerk may be made by recorded delivery letter with notice of receipt.
Where the person under judicial examination is held in custody, his choice of advocate under the previous paragraph may also be made by means of a statement before the governor of the penal establishment. This statement is noted and dated by the governor, who signs it together with the person detained. If this person cannot sign, this fact is recorded by the governor. This document is sent at once, as an original as a copy made by any means, to the instructing judge's clerk. The designation of the advocate takes effect from when the document is received by the clerk.
Where the person under judicial examination is detained, the choice may also be made by a letter designating an advocate to conduct his defence. The statement under the second paragraph above must then be made by the designated advocate. The advocate sends a copy of the letter he has received, or the relevant part of it, to the clerk, and which the clerk attaches to the statement. The person under judicial examination must also confirm his choice within fifteen days by one of the formalities provided for by the second and third paragraphs above. The designation is effective during this period.

Article 116
Where he envisages placing a person who has not already been heard as an assisted witness under judicial examination, the investigating judge carries out his first appearance according to the conditions set out by the present article.
The investigating judge confirms the person's identity and expressly informs him of each of the charges of which he is seised and for which placement under judicial examination is contemplated, specifying their legal qualification. A record of these charges and their legal qualification is made in the official record.
Where the provisions of article 80-2 have been applied and the person is aided by an advocate, the investigating judge carries out his interrogation; the person's advocate may present his comments to the investigating judge.
In all other cases, the investigating judge informs the person of his right to choose an advocate or to ask that one be officially appointed for him. The chosen advocate, or in the case of a request for a court-appointed advocate, the president of the bar association, is informed without delay and by any method. If the chosen advocate cannot be contacted or cannot come, the person is advised of his right to request a court-appointed advocate, in order to help him during his first appearance. The advocate may consult the case file at once and freely communicate with the person. The investigating judge then informs the person of his choice to remain silent, to make a statement, or to be interrogated. A record of this information is made in the official record. The consent to being interrogated can only be given in the presence of an advocate. The person's advocate may also present his remarks to the investigating judge.
After, as may be, recording the person's statements or carrying out his interrogation and hearing his advocate's comments, the investigating judge informs him:
--either that he is not placed under judicial examination; the investigating judge then advises him that he benefits from the rights of an assisted witness;
--or that he is placed under judicial examination; the investigating judge then brings to the person's attention the matters or the legal qualification of the matters of which he is accused, if these matters or their legal qualification differ from those of which he has previously been informed; he informs him of his right to request steps to be taken or to apply for the proceedings to be anulled under 81, 82-1, 82-2, 156 and 173 during the course of the investigation, and at the latest by the twentieth day after the notice provided for by the last paragraph of article 175, subject to the provisions of article 173.-1.
If he feels that the expected time for the completion of the investigation is less than a year in the case of a misdemeanour or eighteen months in the case of a felony, the investigating judge informs the person of this expected time, and advises that at the expiry of this time limit, he will be able to request the closure of the proceedings, pursuant to the provisions of article 175-1. If not, he indicates to the person that he can request the closure of the proceedings at the end of a year in the case of a misdemeanour, or eighteen months in the case of a felony, in accordance with the same article.
At the end of the first appearance, the person must register his personal address with the investigating judge. He may, however, substitute the address of a third party responsible for receiving the acts which are meant for him if he produces evidence that this third party agrees. If the investigation takes place in metropolitan France, the address must be located within an administrative division of metropolitan France. If the investigation takes place in an overseas département, the address must be within this département. This statement is made before the liberty and custody judge where this judge, referred the case by the investigating judge, decides not to place the person in detention.
The person is advised that he must indicate any change of registered address to the investigating judge in a new statement or a recorded delivery letter with acknowledgement of receipt until the completion of the investigation. He is also informed that any notification or service made to the last registered address is considered to be delivered to him in person. A record of this notice, and also of the statement of address, is made in the official record. Where the liberty and custody judge decides not to put the person in detention, these notices are given by this judge.

Article 117
Notwithstanding the provisions set out in article 116, the investigating judge may carry out an immediate interrogation and confrontations in a case of urgency arising from the condition of a witness in danger of death, or from the existence of evidence on the point of disappearing, as well as in the case set out by the last paragraph of article 72.
The reasons for this urgency are noted in the official report.

Article 118
If it appears in the course of the investigation that the matters of a which the person under judicial examination is accused on the basis of commission of a misdemeanour really amount to a felony, the investigating judge, having first informed his advocate of his intention and received any observations from the person and his advocate, notifies the person that a felony classification is substituted for the original classification of a misdemeanour. In the absence of this notification, application may be made of the provisions of article 181.
If the person had been placed in pre-trial detention, the order for detention originally issued remains in force and is considered to be an order for detention in respect of a felony. The pre-trial detention is then governed by the rules applicable in felony cases, the periods for prolongation of the detention being calculated from when the detention order was first issued.
At the time the notification under the first paragraph above is made, the investigating judge may inform the person of a new likely period for the completion of the investigation, following the provisions of the eighth paragraph of article 116.

Article 119
The district prosecutor may attend the interrogations hearings and confrontations of the person under judicial examination, the civil party and an any assisted witness.
Whenever the district prosecutor has informed the investigating judge of his intention to be present, the investigating judge's clerk must inform him by means of a simple note, at the latest two days before the interrogation.

Article 120
The investigating judge is in charge of interrogations, confrontations and hearings. The district prosecutor, the advocates acting for the parties and any assisted witness may ask questions or make brief observations.
Where appropriate, the investigating judge decides on the order of interventions and may put an end to them if he feels himself to be adequately informed. He may refuse any questions likely to disrupt the proper course of the inquiry, as well as questions of a personal or insulting nature.
Any such refusal must be recorded in the official report.
Submissions made by the district prosecutor or the advocates for the parties or an assisted witness, representing a formal acknowledgement of a disagreement with the investigating judge over the contents of the official report, are to be attached to the case file by the investigating judge.

Article 121
The official records of interrogations and confrontations are drafted in accordance with the formalities set out in articles 106 and 107.
The provisions of article 102 are applicable if an interpreter is called upon.
If the person under judicial examination is deaf, the investigating judge officially appoints a sign-language interpreter or another qualified person able to communicate with deaf people to help him during the inquiry.
This interpreter, if he is not under oath, swears an oath to bring his assistance to justice upon his honour and his conscience
Any other technical means of communicating with the person under judicial examination may also be used.
If the person under judicial examination knows how to read and write, the investigating judge may also communicate with him by writing.

BOOK I
EXERCISE OF PUBLIC PROSECUTION AND JUDICIAL INVESTIGATION

TITLE III
INVESTIGATING JURISDICTIONS

CHAPTER I
THE INVESTIGATING JUDGE: THE FIRST-TIER INVESTIGATING JURISDICTION

SECTION VI
ISSUANCE AND EXECUTION OF WARRANTS

Article 125
The investigating judge immediately interrogates the person against whom a summons has been issued.
The interrogation of a person arrested in accordance with a summons is carried out under the same conditions. However, if the interrogation cannot take place immediately, the person may be held by the police or the gendarmerie for up to twenty-four hours following his arrest before being brought before the investigating judge or, failing him, the president of the court or a judge designated by him, who proceeds to interrogate him at once. Failing this, the person is set free.

BOOK II
TRIAL COURTS

TITLE I
THE ASSIZE COURT

CHAPTER VI
THE HEARING

SECTION III
PRODUCTION AND DISCUSSION OF EVIDENCE

Article 328
The president interrogates the accused and receives his statements. He has the duty not to show his opinion as to guilt.

Article 329
The witnesses summoned by the public prosecutor or the parties are heard in the course of the debate even if they have made no statement during the judicial investigation, or even if they were not cited, provided their names have been served in accordance with the prescriptions of article 281.

Article 330
The public prosecutor and the parties may oppose the examination of a witness whose name has not been served upon them or has been served in an irregular fashion.
The court rules on this application.
If it is found to be well grounded, these witnesses may be still be heard as a source of information pursuant to president's discretionary power.

Article 331
The witnesses make their statements independently from each other in the order determined by the president.
On the request of the president, the witnesses must state their surnames, first names, age, profession and domicile or residence, whether they knew the accused before the events mentioned in the referring judgment, whether they are family members or relations by marriage to either the accused or the civil party, and at which degree. The president asks them in addition whether they are in the employment of one or the other.
Before beginning their statements, the witnesses take an oath"to speak without hatred or fear, and to tell the whole truth and nothing but the truth". This done, the witnesses make an oral statement. The president may authorise the witnesses to make use of documents during their statement.
Witnesses are not interrupted in the course of their statement, subject to the provisions of article 309.
Witnesses are to testify only in respect of the matters alleged against the accused, or in respect of his personality and his morality.

Article 332
After each statement, the president may ask questions of the witnesses.
The public prosecutor and the counsel for the accused and for the civil party, the accused and the civil party have the right to do the same, under the conditions laid down by article 312.

Article 333
The president on its his motion or upon the application of the public prosecutor or of the parties has an official record made by the clerk of any additions, changes or variations which may exist between the statement of a witness and his previous statements. This official record is attached to the official record of the hearing.

Article 334
Each witness remains in the courtroom after his statement until the end of the hearing unless the president orders otherwise.

Article 335
The following people may not give evidence under oath:
1° the father, mother or any other relative of the accused, or of one of the other accused persons present at and subjected to the same hearing;
2° the son, daughter or any other descendant; 3° the accused's brothers and sisters;
4° relations by marriage with the same degree of kinship;
5° the husband or wife; this prohibition endures even after a divorce; 6° the civil party;
7° children under the age of sixteen.

Article 336
However, the examination under oath of the persons listed by the previous article is not a cause for nullity where neither the public prosecutor nor any other party opposed the taking of the oath.
In the event of opposition by the public prosecutor or of one or more of the parties, the witness may be heard as a source of information in accordance with the discretionary power of the president.

Article 337
Any person who, acting in accordance with a legal obligation or on his own initiative, brought the actions prosecuted to the attention of justice is heard as a witness, but the president apprises the assize court of this fact.
The person whose denunciation is financially rewarded by law may be heard as a witness, unless this is opposed by one of the parties or by the public prosecutor.

Article 338
The public prosecutor as well as the civil party and the accused may request, and the president may always order, that a witness withdraw temporarily from the courtroom after his statement, to be if necessary re-admitted later and heard following other evidence, with or without a confrontation.

Article 339
The president may order one or more of the accused to withdraw before, during or after the hearing of a witness, or the interrogation of an accused person and examine them separately on any circumstance of the trial. But he must take care only to resume the hearing after having informed each accused of what was done in his absence, and what has ensued from it.

Article 340
Judges, prosecutors and jurors may in the course of an examination take notes of what seems important to them, either in the statements of witnesses or in the defence of the accused, provided the hearing is not interrupted.

Article 341
In the course of or after the statements, the president, if necessary, has the exhibits presented to the accused or to the witnesses and receives their observations.
The president has them presented where necessary to the assessors and jurors.

Article 342
If in the course of the hearing the statement of a witness appears to be false, the president may, either on his motion or upon the application of the public prosecutor or of one of the parties, make an order in respect of this witness to remain present at the hearing until its conclusion and in addition to remain in the courtroom until the reading of the assize court judgment. The president has the witness placed under temporary arrest in the event of a breach of this order.
After the reading of the assize court judgment, or in the event of an adjournment to another session, the president orders that the witness be immediately brought by the law-enforcement authorities before the district prosecutor, who causes a judicial investigation to be opened.
The clerk sends this prosecutor a copy of any official record which may have been drafted pursuant to article 333.

Article 343
At any stage the court, either on its own motion, or upon the application of the public prosecutor or of one of the parties, may order the adjournment of the case to the next session.

Article 344
Where the accused, the civil party, or one or more witnesses do not speak French sufficiently well, or if it is necessary to translate a document produced at the hearing, the president officially appoints an interpreter aged at least twenty-one years old and gets him to take an oath to bring his assistance to justice upon his honour and his conscience.
The public prosecutor, the accused and the civil party may challenge the interpreter by stating the grounds for the challenge. The court rules on this challenge. Its decision is unappealable.
The interpreter may not be one of the court's judges, or jurors, or the clerk at the hearing, or the parties or witnesses, even with the consent of the accused or that of the public prosecutor.

Article 345
If the accused is deaf, the president officially appoints a sign language interpreter, or any other qualified person who is able to talk to or communicate with deaf people, to help him during the trial. This interpreter swears an oath upon his honour and his conscience to bring his assistance to justice.
The president may also decide to use any other technical device enabling him to communicate with the deaf person. If the accused can read and write, the president may equally communicate with him by writing.
The other provisions set out in the preceding article are applicable.
The president may proceed in the same way with any deaf witnesses or civil parties.

Article 346
When the investigation made in the course of the hearing is ended, the civil party or his advocate is heard. The public prosecutor makes his submissions.
The accused and his advocate present their defence arguments.
The civil party and the public prosecutor may reply, but the accused and his advocate will always have the final word.

BOOK II
TRIAL COURTS

TITLE II
THE TRIAL OF MISDEMEANOURS

CHAPTER I
THE CORRECTIONAL COURT

SECTION IV
THE HEARINGS

Paragraph 3
Administration of evidence

Article 452
Witnesses make oral statements.
They may however exceptionally use documents to help them, with the authorisation of the presiding judge.

Article 453
The clerk records the progress of the hearing and in particular, under the direction of the presiding judge, the statements made by the witnesses and also the answers given by the defendant.
The record of the hearing is signed by the clerk. It is signed by the presiding judge within three days at the latest after each hearing.

Article 454
After each statement, the presiding judge and, in the terms set out in article 442-1, the public prosecutor and the parties ask the witness such questions as they consider necessary.
The witness may withdraw after his statement unless the presiding judge decides otherwise.
The public prosecutor as well as the civil party and the defendant may request and the presiding judge may always order a witness to withdraw temporarily from the courtroom after making his statement, to be brought back and reheard if necessary following other statements, with or without a confrontation.

Article 455
In the course of the hearing the presiding judge, has the exhibits where necessary presented to the defendant or to the witnesses and he receives their observations.

Article 456
The court, either on its own motion, or upon the application of the public prosecutor, of the civil party or of the defendant, may order any inspection of premises where this is helpful for the discovery of the truth.
The parties and their advocates are called upon to attend. An official record is made of such operations.

Article 457
If as a result of the hearing the statement of a witness appears to be false, the presiding judge has the precise words of the witness entered into the record of the hearing, either on his own motion or upon the application of the public prosecutor or of one of the parties.
He may give a special injunction to this witness to remain at the disposal of the court, which may re-examine him where necessary.
Where the judgment is to be given on the same day, the presiding judge may also have this witness guarded by the law-enforcement authorities within or without the courtroom.
After the reading of the judgment on the merits, the court orders him to be brought before the district prosecutor who initiates a judicial investigation on the ground of perjury.
After the reading of the judgment on the merits, the court immediately drafts an official record of the facts or statements in respect of which the perjury may have been committed.
This official record and a copy of the record of the hearing are sent to the district prosecutor forthwith.