ART 421: After each testimony, the president shall ask the witness the questions he/she consider s necessary, and where applicable, those given to him/her by the parties. After testifying, the witness may leave unless the president decides otherwise. ART 422: During proceedings, the president may, if necessary, present exhibits to the defendant or witnesses and record their observations. ART 423: The court, either of its own motion, pursuant to the submissions of the Public Prosecutor, at the request of the party claiming damages, or the defendant, may instruct that any necessary travel should be performed in order to discover the truth. The parties and their counsels shall be called upon to be presen t. A record of these operations shall be drafted. ART 424: If the court believes that an expert opinion is necessary, it shall proceed as required in articles 165 to 175. ART 425: The state counsel shall receive, on behalf of the law, both written and ora l submissions that he/she thinks are appropriate for the good of justice. In the case where written submissions are received, this shall be mentioned in the notes taken down by the court registrar, and the court shall have to respond to them. ART 426: The defendant, the other parties and their counsels may file their pleadings. These pleadings shall be signed by the president and the court registrar; the latter shall mention this filing in the court proceedings. The court shall have to respond to the pleadings regularly filed and must attach, on the merits, points of law and pleas, referred to it, and rule in one single judgement; by first deciding on the motion and later on the merits. The contrary shall obtain only in case it is absolutely impossible, or when an immediate decision, regarding an incident or motion, is required by a provision related to public order ART 427: When the investigation at the hearing is over, the party claiming damages shall be heard at his/her request, the public prosecutor shall make his/her submissions, the defendant, where applicable, the party liable under civil law, shall present their defence. The party claiming damages and the public prosecutor may respond. The accused and his/her counsel shall always speak last. ART 428: The registrar shall take note of how the proceedings go and mainly under the auspices of the president, the statements of witnesses and the responses of the defendant. The court registrar shall sign the record of proceedings. They shall be signed by the president, no later than three days after each hearing. ART 429: If the proceedings cannot be completed in the course of one hearing, the court shall set the day when they will be continued. Parties and witnesses who have not been heard, or those who were ask to be at the disposal of the court, shall be have to appear without any other summons on the date to which the case is adjourned. ART 430: If, after the proceedings, a witness' testimony seems false, the president may, either on his/her own motion or at the request of the public prosecutor or one of the parties, have the exact statements of the witnesses entered in the record of proceedings. 64

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières