Code Henry

If the crime carries a capital penalty, he shall only grant this permission after the confrontation; he shall advise the accused to choose counsel; and if the accused does not make a choice, he shall appoint one for him ex officio.

Weapons, instruments, and effects serving as evidence shall be presented to the accused during his interrogation, and papers and writings shall be initialed by the judge and the accused; otherwise, mention shall be made of the reason or refusal.

The judge shall interrogate the accused on the facts and inferences that may result from the weapons, instruments, effects, and papers presented to him.

If the accused does not understand the language in use in the kingdom, the judge shall appoint an interpreter for him ex officio; who, after having taken an oath to interpret well and faithfully to the accused the questions put to him by the judge, and the accused's answers to the judge, shall explain both; everything shall be written in the language of the kingdom, and signed at the bottom of each page by the judge, the interpreter, and the accused; otherwise, mention shall be made of the reason or refusal to sign.

If the accused is deaf-mute, and cannot write, the judge shall appoint ex officio, as his curator, the person most accustomed to communicating with him by sign or otherwise.

The curator shall take an oath to defend the accused well and faithfully, and mention of the oath shall be made, under penalty of nullity.

The mute or deaf person who knows how to write may write and sign his answers, statements, and objections against witnesses.

If the deaf-mute cannot write, the curator shall answer for him in his presence; and shall be authorized to perform all acts, as the accused himself would, and to sign them in his capacity.

Mention shall be made, in all acts of the proceedings, of the assistance of the interpreter or curator, under penalty of nullity, and of costs, damages, and interest of the parties against the judges; except, however, in the final judgment, where mention shall be made only of the accused.

No curator shall be appointed for an accused who refuses to answer the questions put to him by the investigating judge; but the judge is required to make three formal demands that he respond, declaring to him each time that if he persists, his trial shall be conducted as against a voluntary mute, and that he shall no longer be heard to contradict what has been done in his presence; if the accused persists in not responding, the judge shall continue the investigation, noting at each interrogation and all other acts of the proceedings where the accused is present, that he refused to answer, under penalty of nullity, and of costs, damages, and interest against the judge.

All proceedings conducted up to the moment when the accused decides to respond shall stand, including the confrontation; and he may not raise objections against the witnesses, unless they are justified in writing.

If, having begun to answer, he ceases to do so, the judge shall continue the proceedings, as prescribed above in article 160.

No interlineation shall be made in the original of the interrogations; erasures and marginal notes shall be approved by the judge and the accused, under penalty of nullity.

At the end of each session, the interrogation shall be read to the accused, who shall be asked to say whether it contains the truth and whether he stands by it; it shall be signed at the bottom of each page by the judge and the accused; otherwise, mention is made of the reason or refusal of the accused; all under penalty of nullity, and of all costs, damages, and interest against the judge.

Whenever new charges or accusations arise against a suspect, he shall be interrogated anew on the resulting facts, the matter shall be communicated to the king's prosecutor, and he shall be re-registered for this offense, on an order of the investigating judge, if the case warrants.

Each interrogation undergone by the same accused shall be collected and placed in a separate booklet.

The interrogations shall be communicated, with the shortest delay, to the king's prosecutor, for the purpose of requesting what he deems appropriate.

If there is a civil party, communication of the interrogations only shall likewise be given to them.

The accused of an offense not carrying an afflictive penalty may, after undergoing interrogation, declare that he accepts the witness depositions and request that without further investigation, restatement, or confrontation, the case proceed directly to judgment; the request shall be made by petition. The investigating judge may admit or reject it, depending on the state of the case; the king's prosecutor may also request that the case be judged as it stands, without proceeding to extraordinary process.

The accused whose request made pursuant to the preceding article has not been admitted shall not be liable, even in the case where he is found guilty, for the costs of the extraordinary procedure conducted by restatement and confrontation, if this procedure proves to have been conducted unnecessarily.