Disqualify and Adapt
Article 168 – Adapting occurs when one of the parties to the case claims that the witness does not possess one of the legal requirements.
Article 169 – Adapting the witness should happen before testimony unless the causes to adapt are shown thereafter. In any case, the court is bound to review the adapted issue and make a proper decision.
Article 170 – To prove the reasons to adapt or disqualify the witness, stating the reasons is not necessary, rather absolute proof to disqualify or adapt is sufficient enough.
Note 1 – In testimony to adapt or modify, a lack of justice is necessary, while having a good demeanor is not sufficient, unless the discoverer is among the just.
Note 2 – If the testimony of witnesses that have been presented is contradictory it is not valid unless the background of the witness is found clear.
Article 171 – If the court finds the introduced witnesses legally qualified, their testimonies will be accepted, or otherwise, they will be rejected. If there is no information about them, the judge will cease the investigation until they are found eligible or their situations are cleared; this should not take more than 10 days. Afterwards, the court will make a proper decision.
Article 172 – If the witness is rejected by the court or by the defendant’s claim for adapting, the claimant can bring reasons to prove the eligibility of the witness, and the court is bound to review the case accordingly.
