Witnesses may also be summoned by an ordinary letter, registered mail or through a bailiff.
They may also appear of their own freewill.
Witnesses shall be heard separately and without the presence of the person charged, by the
investigating judge assisted by his/her court registrar. An official report on their statements shall be
drawn up.
The investigating judge may request the assistance of an interpreter who has reached the age
of majority and who is not a witness. If the interpreter is not already sworn in, he/she shall swear an
oath to faithfully translate the statements.
Each page of the reports on the testimonies shall be signed by the judge, the court registrar,
the witness and the interpreter. The witness shall then be called upon to once again read his/her
statement as it has just been transcribed and then to sign if he/she declares it final. If the witness does
not know how to read, it shall be read to him/her by the court registrar. If the witness does not wish to
or cannot sign, a note on this shall be mentioned in the report.
A report shall have no space between the lines. Erasures and cross-references shall be
approved by the investigating judge, the court registrar and the witness and, if necessary, by the
interpreter. In the absence of approval, these erasures and cross -references shall be null and void.
The same applies to a report which is not duly signed as required.
ART 102: Witnesses shall swear an oath to tell the whole truth and nothing but the truth. The judge shall
ask their full names, age, profession, residence, whether they are family members or rel ations by
marriage of the parties, and to what degree, or if they are working for them. A report on the questions
and answers shall be drawn up. If the witness is deaf, the investigating judge shall appoint a sign language interpreter or other qualified person able to communicate with him/her.
Persons listed in Article 317 of this Code shall not be heard under oath.
ART 103: The investigating judge in charge of an investigation, as well as magistrates and judicial
police officials acting on rogatory letters or by judicial delegation, may not, with the intention of
compromising the rights of the defence, hear as witnesses persons against whom there are serious
and consistent indications of guilt.
However, any person named in a complaint including a party claiming damages may refuse to
be heard as a witness. The investigating judge shall make this known to him/her after informi ng
him/her of the complaint. A note on this shall be mentioned in the report. In case of refusal, he/she may
hear him/her solely as a person charged.
ART 104: Any person summoned to be heard as a witness or who has acknowledged receipt of the
summons shall be required to appear and to take oath and to give evidence subject to the provisions of
Article 130 of the Penal Code. If the witness does not appear, the investigating judge may compel
him/her to appear through law enforcement by issuing a warrant of arrest against him/her, without
prejudice to the application of the penalties provided for in Article 84 of the Penal Code. The same
penalty may be imposed on a witness who, although appearing, refuses to take the oath or give his/her
statement.
The procedure applicable to flagrante delicto offences shall also apply here.
The same penalty shall apply to a person who, having publicly reported a felony or misdemeanour and
also having declared that he/she knew the perpetrators or accomplices, refuses to answer any
questions put to him/her by the president judge.
ART 105: Where it is medically established that the witnesses are unable to appear when duly
summoned, the investigating judge shall go to their residence if they live within the scope of his/her
jurisdiction.
However, if the witnesses live outside the city of the seat of the court, the investigating judge
may appoint the judicial police official of their residence to receive their statements. He/she shall send
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