As such, the president may, during proceedings, call, through an arrest warrant if necess ary,
and hear any person whom he/she thinks it is necessary to hear. Persons called in this manner shall
not be sworn in and their statements considered information.
ART 300: The public prosecutor may question accused persons and witnesses directly.
Judges, assessors, an accused person or his/her legal counsel, the party claiming damages or
his/her legal counsel, may question accused persons or witnesses through the president.
Magistrates and assessors should refrain from expressing their opinion.
ART 301: The Public Prosecutor shall, on behalf of the law, make any submissions he/she considers
necessary; the court shall have to acknowledge this fact and deliberate on it.
The court registrar shall record, in his/her minutes, submissions made by the Public Prosecutor
during proceedings. Decisions handed down pursuant to these submissions shall be signed by the
president and the court registrar.
ART.302: When the court does not grant the submissions of the public prosecutor, the investigation or
the ruling shall not be stopped or suspended.
ART 303: The accused person, the party claiming damages and their respective legal counsels may file
pleadings on which the court has to rule.
ART 304: Any contentious incidents shall be settled by the court, the public prosecutor, the parties or
their counsels;
These decisions may not rule on substantive issues beforehand.
They may be challenged through an appeal on points of law only at the same time as decision
on substantive issues
Section II - The Appearance of the Accused
ART 305: The accused shall appear in court free and accompanied by guards only to stop him/her
from escaping. The president shall ask for his/her full names, profession, residence, place of birth and
filiation.
ART 306: At the hearing, the accused must compulsorily have a legal counsel.
Should the legal counsel chosen or appointed pursuant to article 278 be absent, the president
shall appoint another legal counsel.
ART 307: Should an accused refuse to appear in court, he/she shall be served a summons on behalf of
the law by an executing agent appointed for this purpose by the president and assisted by law
enforcement.
The executing agent shall prepare a report on the summons and the response given by the
accused.
Should the accused refuse to honour the summons, the president may order that he/she
should be brought before the court by force.
ART 308: The president shall inform counsel for the accused, if he/she is not a lawyer, that he/she
cannot make any statement against his/her conscience or in violation of the respect due to laws and
that he/she has to speak decently and responsibly.
ART 309: The president may order the court registrar to read out the list of witnesses called up by the
public prosecutor, by the accused and, where applicable, by the party claiming damages, and whose
names have been made known in accordance with the prescriptions of article 284.
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