Furthermore, an accused person and the party claiming damages or their counsels may take or
have others take copies of any case document at their expense.
The president, judges and the attorney general shall have to ensure that this article is
enforc
ed.
ART 284: At least twenty-hours before proceedings start, the public prosecutor and the party
claiming damages shall give the accused the list of persons they would like to call up as witnesses.
The accused shall give the public prosecutor, and where applicable, the party claiming damages, the
list of persons he/she would like to call up as witnesses.
The notification document must contain the full names, respective professions and residences
of these witnesses.
Costs for summons issued at the request of parties shall be borne by these parties, same as
allowances for witnesses summoned if they so request, unless the Public Prosecutor summons the
witnesses named by the accused, in case he/she thinks their declaration may be useful to discover the
truth.
Section II - Optional or Special Measures
ART 285: A president, should he/she consider the investigation incomplete or if new facts are discovered
after it has been closed, may order any investigative acts he/she considers useful.
Such an investigatory measure shall be performed by the president or a magistrate of the court
of assizes or an investigating judge he/she delegates for this purpose.
ART.286: Witnesses who fail to show up as summoned by the president or the judge he/she appoints
and who do not provide proof that they were unavoidably absent, or who refuse to make their
respective statements, shall be tried by the court of assizes and punished pursuant to article 84 of the
Penal Code.
ART 287: Reports and other documents presented during the additional investigation shall be
filed at the court registry and attached to the record of the proceeding.
They shall be placed at the disposal of the public prosecutor and parties, who are informed by
the court registrar that they have been submitted.
The attorney general may any moment ask that all the records of the proceedings should be sent to
him/her, on the condition that he/she returns them within twenty-four hours.
ART 288: When several referral orders are issued against various persons accused of one offence, the
president may, of his/her own motion or pursuant to a submission from the public prosecutor, order
that the various procedures should be merged.
This merger may also be ordered when several referral orders are issued against the same
accused person for different offences.
ART 289: When a referral order targets several unrelated offences, the president may, of his/her motion
or pursuant to a submission from the public prosecutor, order that the various accused persons should
be tried right away for one or some of these offences.
ART 290: The president may, of his/her motion, pursuant to a submission from the public prosecutor,
or the accused, order the postponement to a subsequent hearing of cases which cannot be heard
during the session at which a case listed for hearing has been set.
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