Legal Procedures: Evidence, Testimony, and Confessions
Legal Procedures: Evidence and Testimony
Requirements for Proving a Case
Article 161
The states what is required to prove. Accordingly, the plaintiff must prove their case, and the defendant their exceptions.
Article 162
One who refuses to testify does not have to prove anything, unless their denial implies a fact.
Article 163
Proof is also required for any denied fact that ignores a legal presumption in the litigant’s favor.
Article 164
Only facts are subject to testing; rights are not, except when based on foreign laws, in which case their existence must be proven.
Admission Test Procedures
Article 190
Any litigant is compelled to testify under oath, answering the complaint until final summons on their own facts, unless otherwise required. The trial is suspended without this testimony. Lawyers and prosecutors may similarly articulate positions on personal facts relevant to the issue.
Article 191
Attorneys are not allowed to question their client’s facts, but the attorney general has judicial power.
Article 192
A party must personally present their positions when required by this article, or when their agent ignores the facts.
Article 193
An assignee is considered an agent of the assignor for the purposes of the preceding article.
Article 194
Following Article 191, if one must answer interrogatories while absent, a statement that the duplicate must be submitted to the judge for review is required. Upon classification of positions, a warrant will be issued, sending sealed copies of the statement; one copy is retained by the secret court.
Article 195
The judge must perform all corresponding steps under this chapter, but may not declare litigants confessed.
Article 196
Those articulating positions, or their lawyers, may attend the test and ask relevant questions.
Article 197
Positions must be articulated precisely, not insidiously, containing only one act and being typical of the stated facts. Insidious questions obscure understanding or obtain confessions contrary to the truth.
Article 198
Positions must address concrete facts under debate; those not meeting this requirement are rejected ex officio.
Article 199
Confessions only detrimentally affect the confessor, not the recipient.
Article 200
No one shall be summoned to answer questions until presented with a sealed envelope containing them. This must be kept secret by the court, settling the respective ratio in the same cover, signed by the Judge and the Registrar.
Article 201
Those who must answer questions will be summoned by warrant no later than the day before the test, under penalty of being considered confessed if absent without just cause. The summons states the purpose, time, and place.
Article 202
If the above appears, the Judge will review the statement of positions and tax them before qualifying and questioning, ensuring they conform to Articles 197 and 198.
Article 203
After the oath, the judge will question, literally recording categorical responses. Explanations may be given after each answer, as deemed necessary by the judge.
Article 204
The respondent signs after reading their statement and signing each page. If unable to read or sign, the Secretary reads it in their presence; if they cannot or do not wish to sign, the Judge and Secretary sign, noting the circumstances.
Article 205
Parties answering interrogatories may be assisted by counsel, but not for transferring or copying positions. If the respondent does not know the national language, an interpreter may be appointed upon request.
Article 206
If multiple respondents must answer interrogatories, proceedings are conducted separately on the same day, preventing communication between respondents.
Article 207
If a respondent refuses to answer or gives evasive answers, claiming ignorance of facts, the judge will issue a warning; continued refusal results in a confession.
Article 208
Interrogatories are declared confessed when:
- I. Without just cause, failing to appear despite legal warning.
- II. Refusal to testify.
- III. Insisting on non-categorical answers.
Article 209
In case I of the previous article, after ten minutes past the scheduled time, the judge records the non-appearance.
Article 210
The declaration is admitted when the opposing party requests it, pre-qualifying positions.
Article 211
The order of confessed litigant declarations follows the above article; those denied in this statement are appealed.
Article 212
Articulating facts regarding claims in positions is permitted; testimony against them is not.
Article 213
When confession is not made during the position absolution, but during the complaint answer or at any other trial time outside the court, the litigant may request and obtain ratification. Upon ratification, the confession is considered complete.
Article 214
Extrajudicial confession is considered when made before an incompetent or unwilling judge.