Hearing of witnesses in a criminal trial

Any person with information on the case may be a witness, unless that person is involved in the case as a victim, defendant or accused.

You may not have witnessed the offense first-hand. You can testify about the accused's facts, personality or morality (that is, what characterizes his behavior in business as good or bad).

You can be heard at a trial before the police court, on correctional court or the court of assize.

You are summoned by quotation in court.

You can be summoned by civil parties or by the public prosecutor's office (prosecutor or attorney general in court).

The quote says the court seised, the place and date of the hearing. The quote says you're quoted as a witness. It must state that non-appearance, refusal to testify and false testimony are punishable by law.

The summons must be made within a certain period of time before the hearing. This period varies according to your domicile.

If you don't show up in court and you don't have a valid excuse, the court can compel you to show up with the police.

At the hearing, all the witnesses are gathered in a separate room. Arrangements may be made to prevent you from talking to each other prior to your deposition.

You are then called to court to take oath to say The whole truth, nothing but the truth. Only minors under the age of 16 should not be sworn in.

You declare your full identity: surname, first names, age, occupation, domicile. You specify whether you are a parent or allied the accused, the person civilly liable or the civil party and whether you work for them.

If you have difficulty speaking French or do not speak French, the chairman of the tribunal may appoint an interpreter.

You must give a spontaneous testimony without interruption.

You then answer the questions posed by the court. Exceptionally, you can help yourself with documents on the authorization of the president of the court or testify by audio conference.

If you refuse to testify or take an oath, you may be fined up to €3,750.

You are entitled to compensation for loss of income and reimbursement of transportation expenses incurred to come to court.

The claim for compensation shall be filed with the Registrar at the hearing.

It shall be accompanied by the following supporting documents:

• Certificate issued by the employer or salary statement to justify the loss of salary or wages
• Transport tickets used (e.g. train, plane, bus) to justify transport costs

If you are unable to pay your travel expenses to come and testify, you can apply to the court for an advance on the compensation you will be owed. This advance may be requested from the Board (financial services) of the court. For example, it may be equal to the price of a round trip ticket when the journey is made by train.

False testimony shall be punished by 5 years' imprisonment and €75,000 maximum fine.

If during the criminal investigation you were able to testify anonymously, you can still be questioned during the criminal trial in the presence of the suspect.

In that case, the confrontation will take place at a distance.

You won't not visible and your voice will be muted.