1In order to rebut, in whole or in part, the contents of the testimony or when the witness refuses to testify, the parties may use the statements previously made by the witness before the prosecutor or judicial police and which are part of the prosecutor’s file, but only after the witness has already testified on the facts and circumstances which are being rebutted.
2Such statements shall not constitute evidence in itself regarding the facts declared by it, but may only be taken into consideration by the court to determine the reliability of the person examined and shall be included in the trial’s file.
3Statements given in front of a prosecutor or judicial police, may be evaluated as evidence, if they are related to other evidence which corroborate their truthfulness.
4Previous statements, already included in the trial’s file, pursuant to paragraph 2 of this article, are evaluated as evidence even if it is proven that the witness, even during his questioning at trial hearing, is subject to violence, threat, promise for money or other benefits, with the purpose that he refuses to testify or make false testimony and also if other circumstances that have impaired the authenticity of his answers have occurred.
EN