Section II. Examination of Witnesses
132. (Duty to serve as witness)
1. Except as otherwise provided in this Code or other laws, the court may examine
any person as a witness.
2. The court may order that any person failing to appear as a witness without
reasonable cause be taken into [protective] custody and brought before the court.
3. Failure of a witness to appear without a reasonable cause may be punished by a
maximum fine of 1,000,000 riels.
4. A Chomtoah appeal may be made against the ruling described in Paragraph 2 and
3.
133. (Examination of public officials)
1. When a current or former public official is to be examined regarding official
secrets, the court shall obtain the approval of the government agency that
supervises the activities of that official.
2. The supervising government agency referred to in Paragraph 1 shall, with regard
to a current or former senator, the Senate, with regard to a current or former
member of the National Assembly, the National Assembly, and with regard to a
current or former member of the government, the Cabinet.
3. The approval referred to in Paragraph 1 shall not be denied, except in cases where
granting such approval might harm the public interest or significantly hinder the
exercise of public duties.
134. (Right to refuse to testify)
1. A witness may refuse to testify in cases where the witness or the spouse or other
relative of the witness could be prosecuted for or found guilty of a crime as a
result. This shall also apply where the testimony would bring humiliation or
disgrace on such person or cause significant harm to his/her domestic
relationships.
2. A witness may refuse to testify in the following cases:
(a) cases described in Paragraph 1 of Article 133 (Examination of public
officials);
(b) cases involving examination of a person who is or was a doctor, dentist,
midwife, nurse, pharmacist, attorney or clergyman, regarding facts that
such person learned in the course of his/her professional duties and that
should remain confidential; or
(c) cases involving examination regarding technological or business secrets.
3. The provisions of Paragraph 2 shall not apply where the witness has been released
or exempted from the duty to maintain confidentiality.
135. (Ruling regarding refusal to testify)
1. The grounds for a refusal to testify shall be established by proof to a preliminary
showing.
2. Except for the cases described in Paragraph 2, subparagraph (a) of Article 134
(Right to refuse to testify), the issue of whether to permit a refusal to testify shall
be adjudicated via ruling issued by the court in which the suit is pending after
inquiring the parties.
3. Parties and witnesses may make a Chomtoah appeal against the ruling referred to
in Paragraph 2.
4. The provisions of Paragraph 3 of Article 132 (Duty to serve as witness) shall
apply mutatis mutandis to the situation in which a witness refuses to testify
without reasonable cause after the issuance of a ruling finding that no reasonable
cause to refuse to testify exists.
136. (Examination of witnesses outside courtroom)
1. The court may examine witnesses outside the courtroom in any of the following
cases:
(a) where the witness is under no duty to appear before the court hearing the
case, or where the witness has reasonable cause not to appear;
(b) where having the witness appear before the court hearing the case would
involve undue expense or time; or
(c) where the parties do not object.
2. In any of the cases referred to in Paragraph 1, the court may assign a member of
the panel of judges or a non-panel member judge to conduct the examination of
the witness outside the courtroom.
3. An assigned panel member judge or an assigned judge examining a witness shall
carry out the duties of the court and the presiding judge.
137. (Oath)
1. Except as otherwise provided, an oath shall be administered to a witness.
2. An oath shall not be administered where the witness to be examined is under
sixteen years of age or does not understand the meaning of an oath.
3. An oath need not be administered where the witness to be examined falls under
the provisions of Article 134 (Right to refuse to testify) and does not exercise
his/her right to refuse to testify.
4. The oath shall be administered prior to examination of the witness. However, the
oath may be administered after examination where a particular reason exists.
5. The procedure for administration of the oath shall be provided for in the Annex to
this Code.
6. Prior to administering the oath, the presiding judge shall explain the meaning of
an oath and warn the witness of the penalty for perjury.
138. (Method of examination of witness)
1. An offer to examine a witness shall clearly identify the witness.
2. When an offer to examine a witness is made, a written description of the matters
to be examined (an 'examination outline') shall be submitted together therewith.
3. A witness shall receive the summons to testify two weeks in advance of the
scheduled date for the testimony.
4. The summons served on the witness, to which the examination outline shall be
attached, shall include the following matters:
(a) the names and addresses of the parties;
(b) the date, time and location for the witness' appearance; and
(c) the legal sanctions imposed for failure to appear.
5. Witnesses shall be examined in the following order: by the presiding judge, by the
party offering the witness for examination, and finally by the other party. An
associate judge may examine a witness upon notifying the presiding judge.
6. The court may, where the court deems it appropriate, change the order set forth in
Paragraph 5.
7. Witnesses may not testify based on documents. However, this shall not apply
where the court approves such testimony.
8. The court may, where the court deems it necessary, permit a witness who has
already testified or a witness who is scheduled to testify to be in the courtroom.
9. Where the court determines that a witness feels intimidated by the presence of a
particular person in the courtroom and is unable to give adequate testimony, the
court may order that person to leave the courtroom during the testimony of the
witness.
10. The court may, where the court deems it necessary, examine the witness at the
same time as another witness regarding the same matter.
139. (Restrictions on questions)
1. Questions shall be as independent and specific as possible.
2. The following types of questions shall not be asked unless reasonable cause
exists:
(a) questions that insult or embarrass the witness;
(b) leading questions;
(c) questions that repeat a previously asked question;
(d) questions that are irrelevant to the points at issue;
(e) questions that call for an opinion of the witness; and
(f) questions that call for testimony on a matter regarding which the witness
has no direct experience.
3. Where the court determines that a party's question violates the provisions of
Paragraph 2, the court may limit the question upon motion or on the court's own
authority.
4. Parties may state objections to any limitations made by the court pursuant to the
provisions of Paragraph 3.
Loading...
Subscribe to:
Post Comments (Atom)
EmoticonEmoticon