Code Henry

Witnesses shall be restated in the deliberation chamber, separately and secretly, by the investigating judge, assisted by the clerk.

The judge shall receive the witnesses' oath, and shall have the clerk read their depositions to them; he shall ask them to declare whether they wish to add to or subtract from them; and if they persist, the clerk shall write down the questions and the witness's answers to the formal requests made to him; they shall be read to him.

The restatement shall be made without any interlineation and shall be signed at the bottom of each page, and erasures and marginal notes approved by the judge, clerk, and witness, if he knows how or wishes to sign; otherwise, mention shall be made of the reason or refusal.

The restatement shall be placed in a booklet separate from proceedings already conducted, or that may be conducted subsequently.

If it has been ordered that witnesses shall be restated and confronted, and some of them, after having been restated, have died before being confronted, their deposition, in this case, may not serve as proof against the accused, and shall not be read during the examination of the case, unless the witness died during the accused's default.

Deceased witnesses who testified for the defense, although they were neither restated nor confronted, shall constitute proof in favor of the accused.

During the examination of the case, the depositions of defense witnesses who were neither restated nor confronted shall be read; and the judges shall be required to give them consideration when rendering judgment.

A witness who, during his restatement, makes changes to his deposition, shall be asked by the judge to give reasons for these changes and to explain them.

A witness who, after the restatement, retracts his deposition, shall be prosecuted and punished as a false witness.

During the confrontation, the witness may, if he thinks his deposition lacks clarity or precision, further elaborate and make changes he believes just; in this case, he shall be required to give his reasons, to avoid becoming suspect, and being punished according to the gravity of the circumstances.

Confrontations shall be conducted separately and secretly, by the judge assisted by the clerk, in the presence of the accused and the witness; they shall be written in a booklet separate from other proceedings, and signed at the bottom of each page by the judge, clerk, accused, and witness, if they know how or wish to sign; otherwise, mention shall be made of the reason or their refusal.

If there are several accused, the confrontation of each shall be written in a separate booklet; all without interlineation, and erasures and marginal notes shall be approved, under penalty of nullity.

To proceed with the confrontation of the witness, the accused shall be summoned; and after the oath that the judge shall have taken by the accused and the witness, each in the other's presence, he shall ask them to declare whether they know each other.

There shall then be read to the accused the opening articles of the witness's deposition, containing his surname, given name, age, status, or profession and residence; the acquaintance he said he has with the accused, and whether he is a relative or in-law, servant or domestic of the parties.

The judge shall then require the accused to provide immediately his objections against the witness, if he has any; and he shall warn him that after hearing the reading of the witness's deposition, he may no longer be admitted to articulate grounds for objections against him; mention shall be made of the formal request and warning given to the accused, as well as his response.

Nevertheless, at any stage of the proceedings before judgment, the accused who can justify in writing his objections against a witness shall be admitted to raise them.

If the accused raises objections against the witness, the judge shall ask the witness to declare whether he agrees or disagrees with them; the objections made by the accused and the witness's responses shall be written in the booklet.

After the accused has raised his objections, or declared that he does not wish to raise any, he shall be given a reading of the witness's deposition and restatement.

The judge shall then ask the witness to declare whether they contain the truth, and whether the accused present is the one he meant in his depositions and restatements; everything said by the witness and the accused shall be written in the booklet.

If the accused notices, in the deposition or in the restatement of the witness, any contradiction or circumstance that may serve to clarify the facts, or to justify his innocence, he may request the judge to ask the witness to acknowledge and explain them, without being permitted to make the request to the witness himself; the observations, formal requests, acknowledgments, and responses shall be written in the booklet.