to the judicial police official notes and instructions disclosing the facts on which the witnesses are to
testify.
If the witnesses reside outside the jurisdiction of the investigating judge, the latter may request
the investigating judge of the jurisdiction in which the witnesses reside to go to their re sidence to
receive their statements.
In case the witnesses do not live in the same city as the investigating judge, the latter may
appoint a judicial police official from their residence to receive their statements, as stated in the
preceding paragraph.
The investigating judge or the judicial police official who has received the statements in light of
the above provisions shall send them, stamped and sealed, to the investigating judge of the court
seized of the case.
ART 106: If the witness visited by the investigating judge as provided for in Article 105 was able to
appear when duly summoned, the investigating judge shall issue a warrant of arrest against him/her.
The rules and penalties provided for in Article 104 shall apply to the witness and to the person who
issued the certificate.
Section IV - Preliminary Inquiry, Warrants and their Execution
ART 107: When the person charged with an offence appears for the first time, the investigating judge
shall ascertain his/her identity, expressly inform him/her of each of the charges against him/her and
inform him/her that he/she has the right to remain silent. Mention of this information shall be made in
the report.
If the person charged wishes to make statements, they shall be immediately received by t he
investigating judge.
The person charged may appear and be assisted by counsel if he/she has one, otherwise the
judge shall give him/her notice of his/her right to choose from among the lawyers registered on the roll
or admitted on probation. Mention of this notice shall be made in the report.
The duly-constituted party claiming damages shall also have the right to be assisted by
counsel at his/her first hearing.
ART 108: A person charged with an offence and detained may freely communicate with his/her
counsel. If he/she does not reside in the seat of the court carrying out the inquiry, he/she may freely
write to him/her and receive his/her answers.
Where the investigating judge believes that he/her must order a prohibition to communicate with
respect to a person charged with an offence, he/she may do so only for a period of ten days. He/she
may renew it for a further period of ten days only. In no case may the prohibition to communicate be
applied to the counsel of a person charged with an offence.
ART 109: The defendant’s counsel may attend the questioning and confrontations of the person
charged; the counsel of the party claiming damages may attend all the hearings and confrontations of
the party claiming damages.
Counsel may speak only after they have been so authorised by the magistrate. In event of refusal,
mention of the incident shall be noted in the report and the text of the questions will be reproduced or
attached thereto. Counsels may be assisted by a sworn interpreter of their choice.
ART 110: The investigating judge must inform the counsel about the day and time of the questioning
and confrontations, scheduled for the person charged, and about the hearings of the party claiming
damages.
If they reside at the place of the investigation, counsels shall be convened no later than four
working days before the questioning through registered mail or by a notice with acknowledgement of
receipt.
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