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16. General principles of criminal hearing
 
  Article 89-Witness examination  
89.1 Witness examination  
  The examination and cross examination of witness testimony is a fundamental right of both the prosecution and defense in any criminal proceeding.  
  To ensure the rights of witnesses and the proper conduct of the court are protected, there are certain guidelines and limits to which an attorney may cross-examine a witness.  
  1. Integrity of character of witness  
  Unless an attorney has direct evidence or is able to prove by argument that a witness testimony is unreliable or a contempt of court (untruthful), an attorney may not seek to deliberately attack the integrity or character of a witness, directly or by implication.  
  An attorney that ignores this guideline may themselve be found in contempt and disbarred for such reckless action.  
  2. Background and past history of actions irrelevant unless pertaining directly to evidence of case, or specific case of an untruth  
  Unless the background, past history of actions, or previous testimony of a witness is directly relevant to specific evidence of the case or to proving a direct untruth by the witness, such information is irrelevant and should not be requested to be revealed to the court.  
  An attorney that ignores this guideline in the attempt to deliberately harm the credibility of a witness may themselve be found in contempt and disbarred for such reckless action.  
  3. Aggresive and intimidaing interrogation style questioning forbidden  
  Aggressive, discourteous and intimidating interrogation style questioning by an attorney of a witness is strictly forbidden.  
89.2 Acceptable responses from witnesses  
  While direct attacks on the character of a witness are forbidden, all witnesses are required to give complete and truthful answers.  
  To ensure the proper behaviour of witnesses and the proper conduct of the court are protected, there are certain guidelines and limits to which witnesses may answer questions:  
  1. A witness may not refuse to answer  
  A witness who refuses to answer a question, by offering no response, shall be in contempt of court, after having been so warned by the judge that unless they immediately answer the question, they will be so in contempt.  
  2. A witness may not give an irrelevant answer  
  A witness who refuses to answer a question by virtue of giving an irrelevant answer, shall be in contempt of court, after the questioning attorney notifying the judge of a hostile answer and then having been so warned by the judge that unless they immediately answer the question to relevance, they will be so in contempt.  
  3. A witness may not give a memory lapse, non recall answer in a testimony without legal excuse  
  Unless a witness can produce medical evidence suggesting a permanent severe memory injury that has incapacitated them from proper brain function, a witness may not give the answer of memory lapse or non recall as an answer to any question which relates to a time where they displayed some basic cognitive function.  
  A witness who refuses to answer with a specific answer shall be in contempt of court, after the questioning attorney notifying the judge of a hostile answer and then having been so warned by the judge that unless they immediately answer the question to detail, they will be so in contempt.  
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
 
 

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