Cap. 9 · Criminal Code (Cap. 9)
Cap. 9 Art. 390Mode of procedure in preliminary inquiries.
Sub-title II
(1) The court shall hear the charges read by the Attorney
General or the officer of the Executive Police and the report of the
Police officer on oath, shall examine, without oath the party accused and shall hear the evidence in support of the charges read. Everything shall be reduced to writing.
(2) The court shall examine and reduce to writing the evidence adduced on behalf of the accused.
(3) In cases where no proceedings can be instituted except on the complaint of the injured party, the accused may, even before he is examined, demand the production of the complaint, if the complaint was made in writing, or of other evidence of the complaint, if it was made orally.
(4) The attendance of the complainant shall not be necessary to prove the complaint, if from other evidence it appears to the satisfaction of the court that the complaint was made.
(5) If, in the course of the inquiry, the accused shall not have demanded nor the court shall have ordered the production ex officio of evidence of the complaint, the complaint shall be presumed to have been made according to law.
(6) The court may, having regard to the circumstances of the case, ex officio, order that the answers given by the witness, or the substance thereof, be taken down in shorthand by means of stenographers appointed for the purpose or be recorded by electromagnetic means. Shorthand notes shall be taken down in indelible ink and signed on each page by the stenographers and shall, together with the transcript, be inserted in original in the record. The electromagnetic recording shall be transcribed under the direction of the registrar and the transcript shall be inserted in the record. In either case, the transcript may be handwritten or typewritten and shall be read over to the witness, during or after the sitting, by the registrar who shall make a note of such reading at the foot of the transcript.
Historique des modifications
- Amended by XXVIII.2021.7