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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 чл. 440Accessibility of record of inquiry, etc.

Title V of Part I of Book Second of this Code shall

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(1) The record of the inquiry, documents and exhibits filed in the registry of the court by the Attorney General or the accused shall be accessible to the Attorney General and to the accused or his advocate or legal procurator.

(2) The registrar shall take the necessary precautions for the preservation of all the documents, exhibits, and record in the state in which they are at the moment in which they are filed.

(3) No witness, document or exhibit, which is not indicated in the lists or filed as provided in article 438, may be produced at the trial, without special leave of the court.

(4) Leave shall only be granted if the evidence is considered to be relevant, and the Attorney General or the party accused shall not have been prejudiced by the omission from the said list or by the default of filing within the term specified in article 438.

(5) Nevertheless, if in the course of the trial, the necessity or utility shall arise of examining any witness or of having for actual inspection any document or exhibit not indicated in the list of any of the parties, the court may cause such witness to be ex officio called and examined, or cause the document or exhibit which was not indicated in the list, to be produced.

История на изменения
  • Amended by LIII.1981.3