Aide des Etats pour la comparution des témoins et leur audition et la production de documents

Tuvalu

Criminal Procedure Code

PART IV - PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONS AND PROCEEDINGS

128 Warrant for witness who disobeys summons

If, without sufficient excuse, a witness does not appear in obedience to the summons, the court, on proof of the proper service of the summons a reasonable time before, may issue a warrant to bring him before the court at such time and place as shall be therein specified.


129 Warrant for witness in first instance

If the court is satisfied by evidence on oath that such person will not attend unless compelled to do so, it may at once issue a warrant for the arrest and production of the witness before the court at a time and place to be therein specified.


130 Mode of dealing with witness arrested under warrant

When any witness is arrested under a warrant the court may, on his furnishing security by recognisance to the satisfaction of the court for his appearance at the hearing of the case, order him to be released from custody, or shall, on his failing to furnish such security, order him to be detained for production at such hearing.

PART IV - PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONS AND PROCEEDINGS

132 Penalty for non-attendance of witness

(1) Any person summoned to attend as a witness who, without lawful excuse, fails to attend as required by the summons, or who, having attended, departs without having obtained the permission of the court, or fails to attend after adjournment of the court after being ordered to attend, shall be liable by order of the court to a fine not exceeding $40.

(2) Such fine may be levied by attachment and sale of any movable property belonging to such witness within the local limits of the jurisdiction of such court.

(3) In default of recovery of the fine by attachment and sale the witness may, by order of the court, be imprisoned as a civil prisoner for a term of 15 days unless such fine is paid before the end of the said term.

(4) For good cause shown, the Senior Magistrate or the High Court may remit or
reduce any fine imposed under this section by a magistrate’s court.

Statut de Rome

Article 64 Fonctions et pouvoirs de la Chambre de prmière instance

6. Dans l'exercice de ses fonctions avant ou pendant un procès, la Chambre de première instance peut, si besoin est :

b) Ordonner la comparution des témoins et leur audition ainsi que la production de documents et d'autres éléments de preuve, en obtenant au besoin l'aide des États selon les dispositions du présent Statut ;