Cap. 9 · Criminal Code (Cap. 9)
Cap. 9 Art. 392Examination of accused.
Sub-title II
(1) The examination of the accused referred to in article 390(1), shall, without threat or promise, and without oath, be made in the following manner:
(a) the court shall ask him his name and surname, his age, his place of birth and abode, his trade, profession or calling, the name and surname of his parents and whether his parents are alive or dead;
(b) the court shall ask the accused if and what he wishes to reply to the charge.
(2) Before asking any of the above questions, the court shall explain to the accused the nature of the charge preferred against him and shall inform him that he is not obliged to answer any question nor to incriminate himself; that he may, if he so desires, be assisted by advocates or legal procurators and that whatever he says may be received in evidence against him.
(3) The court shall note down at the head of the examination that the requirements of the last preceding sub-article have been complied with.
(4) The answers shall be taken down by the magistrate in the manner provided in article 391, stating the language in which they are given.
(5) If the accused stands mute, the court shall note down the circumstance and shall proceed with the case as if the accused had pleaded not guilty.
Amendment history
- Amended by XXIII.2017.15