taking.
In case the public prosecutor or any one of the parties objects to the oath taking, the witness
may be heard for informative purposes, pursuant to the discretionary powers of the president.
ART 319: Witnesses shall testify separately, following the order set by the president.
At the request of the president, witnesses must state their full names, age, profession, domicile
or residence. They shall state whether they know the accused before the facts stated in the referral
order, if they are blood relatives or relatives by marriage. The president shall once again ask them
whether they are not working for one another.
Before starting to give their testimony, witnesses shall swear "to speak without hatred and fear,
to speak the whole truth and nothing but the truth." After this is done, they shall testify orally.
Witnesses shall testify regarding the acts held against the accused, his/her personality and his/
morality.
ART 320: After each testimony, the president shall ask the witness whether the accused present is the
person he/she heard about; he/she shall subsequently ask the accused whether he/she wishes to
respond to what has been said.
The witness may not be interrupted.
The president may also ask the witness and the accused to provide all the necessary
clarifications that he/she will deem necessary for the discovery of the truth.
ART 321: The president may have the court registrar immediately draft, either at the request of the
public prosecutor or the parties, reports on the testimonies, changes or variations that may exist
between a testimony from a witness and his/her previous declarations. These reports shall be attached
to the trial transcripts.
ART 322: After his/her testimony, each witness shall remain in the courtroom if the president does not
order otherwise until the end of proceedings.
ART 323: Witnesses produced by the attorney or by the accused shall be heard in the course of the
proceedings, even if they have not previously given written statements, when they have received any
summons, provided that in any case these witnesses are included on the list mentioned in article 28 4.
Irrespective of the party that presents them, witnesses may never question one another.
.
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