Lanterna Rally

Author: Franco-Siamese Mixed Court

Publisher:

Published: 2015-08-04

Total Pages: 46

ISBN-13: 9781332109654

Excerpt from The Case of Kieng Chek Kham Muon Before the Franco-Siamese Mixed Court: Constitution of the Mixed Court and Rules of Procedure, the Trial, Judgement and Condemnation of Phra Yot 5. The Public Prosecutor shall lay before the Court the grounds of the Accusation and shall afterwards give a list of the witnesses called both by himself and by the accused. This list shall be read aloud by the Recorder. 6. The President shall order the witnesses to withdraw to a room prepared for them. They shall not leave this room except to give their evidence. 7. The Accused shall be examined, then the witnesses shall be heard, after having been sworn before this Court to say all the truth and nothing but the truth; the Recorder shall note this as well as their names, professions and residence. 8. After the evidence of each witness, the President shall ask the Accused if the wishes to answer to what has just been said against him. It shall not be allowed to interrupt the witness; the accused or his counsel shall be allowed to put him questions through the President, after he shall have given his evidence, and to lay before the Court anything against the witness or his evidence that might be useful to the defence of the Accused. The President shall also have the right to ask from the witness or the accused any explanation he shall deem necessary to discover the truth. The Judges and the Public Prosecutor shall have the same facility after they have asked the President's leave. 9. During the whole course of the trial, the President shall have the right to hear all witnesses and to obtain all information which he shall deem necessary to discover the truth. 10. After the hearing of the witnesses and the observations to which their evidence may have given rise, the Public Prosecutor shall be heard, and shall develop before the Court the circumstances upon which the accusation is based. The Accused and his Counsel shall have the right to answer. The Public Prosecutor shall be allowed to reply but the accused or his Counsel shall always have the right to speak last. The President shall then declare the debates closed. 11. The President shall put the questions arising from the debates in these words: "Is the accused guilty of having committed such a deed, with all the circumstances contained in the Act of Accusation." Then ho shall put the question of extenuating circumstances. 12. After the questions shall have been read by the President, the Accused, his Counsel, and the Public Prosecutor shall be allowed to make any observations, on the way the questions are put, which they will deem fit. If the Public Prosecutor or the Accused object to the way in which a question is put, the Court shall decide on the merits of their objection. 13. The President shall then order the Accused to retire, and the Court shall withdraw to the Chamber of deliberation to deliberate upon the solution of the questions and the punishment to be awarded. In case of Condemnation the punishment shall be inflicted according to the following rules, viz: Art. 1. - Homicide committed voluntarily is called murder. Art. 2. - Any murder committed with premeditation or ambush is termed assassination. Art. 3. - Premeditation is the design formed before the deed, of committing an offence against the person of a certain individual, or even of any individual that will be found or met, even were this design to depend on a certain circumstance or condition. Art. 4 - Acccomplices of a crime or an offence shall incur the same punishment as the authors of such a crime or offence, except when the law will have disposed otherwise. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com