Witness, Testimony Investigation’s Witnesses and Those Knowledgeable Articles 148 - The judge can summon those whose presence is deemed necessary by them, or by the complainant, or by the respective authorities or by the request of the accused to clarify the accusation. Article 149 – The investigation’s witnesses and those aware are summoned with the order of the judge by judiciary officers or summons officers, or in any other way that the judge deems appropriate while observing article (86) of this Code. Article 150 – If one of the investigation’s witnesses, or those with knowledge of the crime, is a subordinate of the Armed Forces, he should be called by his Commander or Chief at least 24 hours before the investigation or the trial. The Commander or the Chief is bound to send the summoned person on the due date upon receipt of the court order. Article 151 – The judge will investigate each of the witnesses and those aware separately and without the presence of the accused. He will record their statements and have it signed or finger printed by them. Further investigations or encounters are permitted if necessary. Article 152 – Examination and investigation of witnesses and those with knowledge shall be performed prior to the Open Session. Article 153 – The investigation’s witnesses and those with knowledge should give an oath as follows before disclosing information: “I swear to Almighty God that the testimony I shall give will be the truth, the whole truth and nothing but the truth.” Note – In cases where adjudication of a right is subject to the testimony of an impartial witness, and the witness refuses to attest the oath, the testimony will be heard without the oath. Article 154 – Prior to the investigation, the judge will ask the name, last name, father’s name, occupation, resident address, level of education, type of relationship and whether or not the individual is the servant or the master to either of the parties of the case and his or her criminal background and will record it all in the minutes. Article 155 – In cases that the judge is referring to the witness due to a Sharia’s reason, the witness shall have the following qualifications: 1- Maturity 2- Wisdom 3- Faith 4- Legitimacy 5- Fairness 6- Does not have a personal benefit at stake or eliminating the loss 7- Does not have a terrestrial enmity between the witness and any of the parties 8- Not being a beggar or vagrant Note 1 - Terrestrial enmity is accepted if the testimony of the witness is to the benefit of the party. Note 2 – In the case of public rights, testimony is accepted only if the court gives the order. Note 3 – The testimony of a person who has a background of immorality or is infamous for being immoral is not accepted even if s/he repents in order to testify, and not until change in the behavior is confirmed and is found to be fair and righteous. Article 156 – If the witness or those who possess knowledge of the crime are not qualified to testify, their statements are heard without any oath and just to collect more information. Article 157 – Once the testimonies and all information are finished, the statements will be read and signed by the witness or one who is knowledgeable. If the witness or anyone with knowledge of the crime does not have a signature, s/he will be fingerprinted. If they refuse to sign or be fingerprinted, or if they are unable to do so, it will be recorded in the investigation papers. In this case, all investigation papers shall be signed by the judge and the secretary. Article 158 – In the investigation papers, it is forbidden to write in between the lines and to split words in the text. If a few extra words are written, they should be stricken through with a thin line and the issue be recorded, signed by the judge and the person being investigated. And if there are one or more words missing, and it is written on the margins, the above-mentioned persons should sign below the text, otherwise those words are not considered valid. Article 159 – All witnesses and those who have knowledge of the crime shall be present on the due date; in case they do not appear, they will be called in a second time, and in case they do not appear again, and do not possess a valid excuse, they will be arrested pursuant to court order. Observation of article (86) of this Code is mandatory. Article 160 – In case witnesses or those who possess knowledge of crimes encounter a loss with regard to their profession due to attending a trial or request the cost of transportation, the court will determine the cost of loss and look at the person who has requested it; the witness will reimburse the money to the judiciary account. If the person who has requested for the witnesses is unable to pay the mentioned cost, or the summons was made upon the request of the investigating authority, the cost will be paid from the public funds. Article 161 – If the witness or those who possess knowledge of crimes are sick and cannot be present, or those who have knowledge about the case are too many, and are all residents of the same area, such as factory workers, the judge will travel to their residence and conduct the investigation there. Article 162 – If those people who are knowledgeable about the case reside in an area outside of the area of jurisdiction of the judge, the judge will assign the District Court of where they live to record their statements in the minutes and send the investigation papers back to the judge. Article 163 – In cases when one court requests the judge of another district to conduct the investigation and examination, the director of that District Court or his assistant will refer the case to one of them. They will then send the results of their investigations back to the requesting court. Article 164 – Local research is required in order to discover a crime or clarify the case and collect specific details about the job or the moral character(s) of the accused and his or her life background; and also in cases where the accused or complainant refers to information collected from the neighbors or the judge deems necessary the investigation from the neighbors. Article 165 – When the presence of the accused is necessary at the investigation site, or the accused requests to be present, but s/he is in detention, s/he can be present by the order of the judge and under watch. Article 166 – Once the judge enters the site, the judge will act according to the regulations stipulated in the respective chapter of local research of the Civil Code of Procedure. Article 167 – With regard to those being investigated, it is mandatory to observe the regulations stipulated in article (153) of this Code.

 Investigation’s Witnesses and Those Knowledgeable

Articles 148 - The judge can summon those whose presence is deemed necessary by them, or by the complainant, or by the respective authorities or by the request of the accused to clarify the accusation.

Article 149 – The investigation’s witnesses and those aware are summoned with the order of the judge by judiciary officers or summons officers, or in any other way that the judge deems appropriate while observing article (86) of this Code.

Article 150 – If one of the investigation’s witnesses, or those with knowledge of the crime, is a subordinate of the Armed Forces, he should be called by his Commander or Chief at least 24 hours before the investigation or the trial. The Commander or the Chief is bound to send the summoned person on the due date upon receipt of the court order.

Article 151 – The judge will investigate each of the witnesses and those aware separately and without the presence of the accused. He will record their statements and have it signed or finger printed by them. Further investigations or encounters are permitted if necessary.

Article 152 – Examination and investigation of witnesses and those with knowledge shall be performed prior to the Open Session.

Article 153 – The investigation’s witnesses and those with knowledge should give an oath as follows before disclosing information:

“I swear to Almighty God that the testimony I shall give will be the truth, the whole truth and nothing but the truth.”

Note – In cases where adjudication of a right is subject to the testimony of an impartial witness, and the witness refuses to attest the oath, the testimony will be heard without the oath.

Article 154 – Prior to the investigation, the judge will ask the name, last name, father’s name, occupation, resident address, level of education, type of relationship and whether or not the individual is the servant or the master to either of the parties of the case and his or her criminal background and will record it all in the minutes.

Article 155 – In cases that the judge is referring to the witness due to a Sharia’s reason, the witness shall have the following qualifications:

1-   Maturity

2-   Wisdom

3-   Faith

4-   Legitimacy

5-   Fairness

6-   Does not have a personal benefit at stake or eliminating the loss

7-   Does not have a terrestrial enmity between the witness and any of the parties

8-   Not being a beggar or vagrant

Note 1 - Terrestrial enmity is accepted if the testimony of the witness is to the benefit of the party.

Note 2 – In the case of public rights, testimony is accepted only if the court gives the order.

Note 3 – The testimony of a person who has a background of immorality or is infamous for being immoral is not accepted even if s/he repents in order to testify, and not until change in the behavior is confirmed and is found to be fair and righteous.

Article 156 – If the witness or those who possess knowledge of the crime are not qualified to testify, their statements are heard without any oath and just to collect more information.

Article 157 – Once the testimonies and all information are finished, the statements will be read and signed by the witness or one who is knowledgeable. If the witness or anyone with knowledge of the crime does not have a signature, s/he will be fingerprinted.  If they refuse to sign or be fingerprinted, or if they are unable to do so, it will be recorded in the investigation papers.  In this case, all investigation papers shall be signed by the judge and the secretary.

Article 158 – In the investigation papers, it is forbidden to write in between the lines and to split words in the text. If a few extra words are written, they should be stricken through with a thin line and the issue be recorded, signed by the judge and the person being investigated. And if there are one or more words missing, and it is written on the margins, the above-mentioned persons should sign below the text, otherwise those words are not considered valid.

Article 159 – All witnesses and those who have knowledge of the crime shall be present on the due date; in case they do not appear, they will be called in a second time, and in case they do not appear again, and do not possess a valid excuse, they will be arrested pursuant to court order. Observation of article (86) of this Code is mandatory.

Article 160 – In case witnesses or those who possess knowledge of crimes encounter a loss with regard to their profession due to attending a trial or request the cost of transportation, the court will determine the cost of loss and look at the person who has requested it; the witness will reimburse the money to the judiciary account. If the person who has requested for the witnesses is unable to pay the mentioned cost, or the summons was made upon the request of the investigating authority, the cost will be paid from the public funds.

Article 161 – If the witness or those who possess knowledge of crimes are sick and cannot be present, or those who have knowledge about the case are too many, and are all residents of the same area, such as factory workers, the judge will travel to their residence and conduct the investigation there.

Article 162 – If those people who are knowledgeable about the case reside in an area outside of the area of jurisdiction of the judge, the judge will assign the District Court of where they live to record their statements in the minutes and send the investigation papers back to the judge.

Article 163 – In cases when one court requests the judge of another district to conduct the investigation and examination, the director of that District Court or his assistant will refer the case to one of them. They will then send the results of their investigations back to the requesting court.

Article 164 – Local research is required in order to discover a crime or clarify the case and collect specific details about the job or the moral character(s) of the accused and his or her life background; and also in cases where the accused or complainant refers to information collected from the neighbors or the judge deems necessary the investigation from the neighbors.

Article 165 – When the presence of the accused is necessary at the investigation site, or the accused requests to be present, but s/he is in detention, s/he can be present by the order of the judge and under watch.

Article 166 – Once the judge enters the site, the judge will act according to the regulations stipulated in the respective chapter of local research of the Civil Code of Procedure.

Article 167 – With regard to those being investigated, it is mandatory to observe the regulations stipulated in article (153) of this Code.