Code Henry

The investigating judge, before receiving the witness's deposition, shall have him take an oath to speak without hatred and without fear, to tell the whole truth, nothing but the truth; shall have the clerk read the complaint to him, and shall ask him his surname, given name, age, status, profession, and residence, whether he is a servant or domestic, a relative or in-law of the parties, and to what degree; and mention shall be made of the question and the witness's answer.

The investigating judge shall present to the witnesses the weapons, instruments, effects, and papers seized from the suspect that may serve for conviction; they shall be asked to say whether they recognize them; mention shall likewise be made of the question and the witnesses' answers.

The depositions of witnesses shall be collected in a single booklet, of which each page shall be signed by the judge, the clerk, and the witness.

The formalities prescribed above shall be observed, under penalty of nullity, and of twenty-four gourdes fine against the clerk, and even of personal liability proceedings against the investigating judge, if applicable.

Under the penalties stated in the preceding article, no interlineation may be made in the original of the witness depositions; erasures and marginal notes shall be approved and signed by the investigating judge, the clerk, and the witness if he knows how to sign; otherwise, mention shall be made thereof.

Children of either sex, although under the age of fifteen years, may be received to testify in the form of a declaration, and without taking an oath; subject to the court giving such weight as is reasonable, to the necessity and reliability of their testimony, when rendering judgment.

The person summoned to testify shall be required to appear and comply with the summons, otherwise the investigating judge shall, upon the king's prosecutor's conclusions, without further formality or delay and without appeal, impose upon the person a fine not exceeding twenty-four gourdes, and order that the person be compelled by bodily constraint to come and testify.

The witness condemned to a fine upon the first default, who, upon the second citation, appears and produces legitimate excuses, shall, upon the king's prosecutor's conclusions, be discharged of the fine.

No witness shall be admitted to testify if he has not been summoned, except in the case of a flagrant offense, as prescribed by article 88.

If the witness requests an indemnity for travel and lodging expenses, the investigating judge shall assess this indemnity, which shall be paid by the civil party.

When due to illness or impediment deemed legitimate, a witness finds it impossible to appear on the citation given to him, the investigating judge, assisted by the clerk, shall proceed to the witness's residence, if he resides in the parish where the seneschal court sits.

If the witness is domiciled in another parish of the district, the investigating judge shall give commission to the parish lieutenant judge to receive the witness's deposition, and shall attach notes and instructions relating to the facts on which the witness is to testify.

The same shall apply if the witness resides in a parish that does not fall under the seneschal court where the case is being investigated.

The depositions of witnesses received pursuant to the preceding article shall be sent sealed and closed by the judges commissioned for that purpose, to the investigating judge of the seneschal court seised of the case.

The investigating judge shall be required to attend personally to the interrogation of the accused, assisted by the clerk only, under penalty of nullity, suspension of the judge and clerk, and additionally one hundred gourdes fine against each of them.

The interrogation shall take place at the seat of justice, in the deliberation chamber, or in a room of the ban du roi; however, accused persons caught in the act may be interrogated in the first convenient place available.

If there are several accused, they shall be interrogated each separately.

The king's prosecutors and the civil parties may submit memoranda to the investigating judge for him to use, as he sees fit, during the interrogations of the accused.

Before beginning the interrogation, the investigating judge shall have the accused take an oath to tell the truth; and mention thereof shall be made, under penalty of nullity.

The accused, of whatever status he may be, shall be required to answer, without the assistance or ministry of counsel, the questions put to him.

If the crime is not capital, the investigating judge may, after the first or subsequent interrogations that he has administered to the accused, permit him to confer with the person of his choosing.