Interrogatoire des témoins – procédures nationales

République du Cameroun

Cameroon - Criminal Procedure Code 2005 EN

Section 180:
(1) The Examining Magistrate may summon any person whose testimony may, in his opinion, be relevant.

(2) Except in the case of force majeure, which shall be duly recorded in the report, there shall be confrontation between the witnesses and the defendant, after the witnesses have given evidence for the prosecution, even when the defendant indicates that he shall say nothing during the confrontation.

Section 181:
(1) Witnesses shall be summoned by a process of the bailiff.

(0) They may also be summoned, by ordinary mail or by registered letter with acknowledgement of receipt or through administrative channels.

Section 322:
(1) Any person of not less than fourteen (14) years of age may testify as a witness. However, a minor of any age who is a victim of an offence, may testify as a witness.
(2) When a court is of the opinion that the person called upon to testify as a witness is not capable of understanding the questions put to him or giving rational answers to them as a result of his physical or mental incapacity, it shall by a reasoned ruling, dispense with such a witness and continue with the hearing.

Section 323:
(1) An accused may, if he so desires, be a witness at any stage of the proceedings.
(2) The accused who has opted to give evidence, may be asked any question even where such questions tend to establish his guilt.

Section 324: Where the court deems it necessary to hear an accused person as a witness, and he is unable to appear before the court because of illness, and if there are serious reasons for not adjourning his examination, it may, by an interlocutory decision, move to the place where he is, or order by such decision, that he be heard by a magistrate commissioned for that purpose.

Section 325:
(1) Witness shall be summoned as provided for in section 41 to 53.
(2) Subject to be provisions of section 322 (2), any person summoned as a witness shall be bound to appear and take oath before giving evidence. However, and unless otherwise provided for by law, the oath taken shall not relieve the witness of his obligation to keep the secrets which have been confided 10 him by reason of his profession.

Section 326: The court may, by an interlocutory decision, order a fresh summons to be served on a witness who, though summoned, does not appear and offers no satisfactory explanation for his absence.

Where the witness still fails to appear, the provisions of section 188 (2) of this Code shall apply.

Statut de Rome

Article 93 Autres formes de coopération

1. Les États Parties font droit, conformément aux dispositions du présent chapitre et aux procédures prévues par leur législation nationale, aux demandes d'assistance de la Cour liées à une enquête ou à des poursuites et concernant :

c) L'interrogatoire des personnes faisant l'objet d'une enquête ou de poursuites ;