Hearing of witnesses in a criminal trial

Anyone who may bring information useful to the manifestation of the truth, on the case under trial, may be a witness.

When a person has the status of defendant , accused, victim or civil party, she cannot be called as a witness because she is already a party to the trial. It is summoned and heard according to its status.

The testimony of the witness must relate to the facts alleged against the defendant, à the accused or to the civil party, and may also relate to their personality or morality.

For example, the witness may have witnessed the facts, heard a conversation or know of elements that shed light on the personality of the alleged perpetrator.

The witness may be heard at a trial before the police court, the criminal court, the departmental criminal court or the assize court.

It may be convened at the request of the defendant, of the accused, the victim, the civil party or public prosecutor or attorney general to the assize court and the departmental criminal court).

The subpoena in front of jurisdiction competent, is given to the witness by a commissioner of justice.

The citation must indicate the jurisdiction seizure, location, date and time of hearing.

It also states that you are quoted as witness.

She must inform the witness that failure to appear, refusal to testify and false testimony are punishable by law.

The summons must be made within a certain time period before the hearing.

This period varies depending on whether you live in metropolis, in overseas or to the foreigner.

If the witness does not appear in court without a valid excuse (such as hospitalization), the court can compel him with the police's recourse.

The witness must appear at the hearing with his summons and one identity document (identity card, passport, driving license, residence permit...).)

He must report to either the bailiff, or to the Clerk.

The identity of the witness is verified before he enters the courtroom.

The appeal of all parties (accused, accused, victim, civil party, investigators, witnesses, experts...) is made from the beginning of the hearing. Then the witnesses are directed to a room reserved for them. Arrangements may be made to avoid any discussion between witnesses prior to their testimony (police presence).

The witness has to wait for a call to enter the courtroom.

Before the criminal or police court, the president first questions the defendant. Before the assize court or the criminal court, the president questions the parties in the order that suits him.

If you have difficulty speaking French, are deaf, hard of hearing or mute, the president of the court may designate a interpreter or contact you in writing.

When calling your name, you must declare your complete identity: name, first names, age, profession, domicile.

You must specify whether you are a parent or ally one of the parties to the trial (defendant, victim, civil party, person civilly responsible) and if you work for it.

Then the chair asks you to take the oath. He reads you the oath « to tell the whole truth, nothing but the truth. » You must answer « I swear », standing, right hand raised, head uncovered (without cap, hat...).)

The witness who has taken the oath is not required to renew it if it is heard again during the proceedings.

The president of the tribunal asks you questions directly. The public prosecutor, the defendant, the accused, the victim, the civil party or their lawyers, the jurors of the court of assizes may ask you questions by asking the president to speak.

You must give a spontaneous testimony, without interruption. Before the assize court or the criminal court, the president can interrupt your statements by asking you questions to clarify your remarks or refocus the debate.

You're answering questions from the court. Exceptionally, you can use documents with the permission of the president of the court.

The exhibits may be introduced for your comments.

Depending on the proceedings, the Chair may ask you to stay in the courtroom, withdraw to the witness room, or leave permanently.

You are entitled (except minors under 16 years of age) to compensation of:

• Appearance
• Loss of income
• Reimbursement of transport and accommodation costs.

You must request compensation from the Clerk at the hearing, who will give you or send you a document entitled « expense report » to be completed.

The following documents must be attached to the application:

• Certificate issued by the employer or pay slip to prove loss of salary or wages
• Copy of your summons in court
• Tickets train, plane or bus for example or copy of the vehicle registration certificate of the vehicle used (taxi or VTC are not reimbursed)

If you have had to go to the restaurant or hotel (unable to return because late hearing, new hearing scheduled at another time...), you receive a lump sum for the hotel and meals.

If you are unable to pay your travel expenses to testify, you can apply to the court for an advance on the allowance. This advance can be requested from the board (financial services) of the court. For example, it may be equal to the price of a round-trip ticket when the trip is made by public transport.

When you do not use public transport (vehicle), the deposit cannot exceed half of the total amount of the transport allowance.

In the event of a misrepresentation, the chair shall ask the clerk to take note of it. You have to stay in court. You can even be placed in state of provisional arrest by the police.

When the judgment is handed down on the same day, after the sentence has been read, the court orders that you be brought before the public prosecutor to request the opening of a judicial information for false testimony.

False testimony under oath is punishable by 5 years of imprisonment and €75,000 of fine.

If, during the investigation, you were allowed to testify anonymously or without stating your address, you can still be heard during the trial in the presence of the defendant or the accused.

If your personal address has been anonymisedthe summons is issued to you by the police or gendarmerie.

At the hearing, you can continue to declare the address of the police station or gendarmerie, but the court can ask you to declare your real address.

If you have benefited from full anonymizationthe summons shall be transmitted through the Public Prosecutor.

In this case, the hearing is done remotely, by means of a technical device allowing not to recognize you and making your unidentifiable voice.