download

(2) The presentation of evidence encompasses all facts which the courts deems asbeing important for proper adjudication.(3) (Erased)(4) The parties and the aggrieved may make motions for new facts to be investigatedand new evidence obtained until the conclusion of the trial, and are also entitled torepeat motions earlier denied by the president of the chamber.(5) The chamber may decide for evidence to be adduced which was been proposed orwhich a proposer abandoned.Article 327The defendant’s confession at the trial shall relieve the court of the duty of adducingevidence other than that on which depends the estimate whether the confession fulfilsthe preconditions referred to in Article 94 of this Code, as well as evidence on whichdepends the type and severity of the criminal sanction.Article 328(1) Evidence shall be adduced in the order determined by the president of the chamber.As a rule, the first to be adduced shall be evidence proposed by the prosecutor, followedby that proposed by the defence, followed by evidence which the chamber determinesex officio shall be adduced, and evidence proposed by the aggrieved. Where bothparties propose the same evidence, the party which first proposed it shall haveprecedence in adducing it.(2) If the aggrieved, who is present, shall be questioned as a witness, he shall givetestimony before all other witnesses.(3) General provisions applied to questioning witnesses and expert witnesses shall beapplied accordingly to their questioning at the trial.(4) As a rule witnesses already questioned shall not attend presentation of evidence.(5) Where persons below the age of fourteen as questioned as witnesses, the chambermay decide to exclude the public during his questioning.(6) Where juveniles are present at a trial as witnesses or aggrieved parties, they shall beremoved from the court as soon as their presence is no longer necessary.Article 329(1) Before witnesses are questioned, the president of the chamber shall instruct them oftheir duty to present to the court everything known to them about the case and cautionthem that perjury is a criminal offence.