1In order to rebut, in whole or in part, the content of the defendant’s statements, the parties may use the statements previously made by him and which are in the prosecutor’s file, provided that he has already spoken about the facts and the circumstances that are being challenged.
2In case the defendant is declared in absentia or refuses to answer on statements rendered in the presence of his/her defence lawyer, pursuant to paragraph 3 of article 38 of this Code, the court decides that the minutes of the statements made by him during preliminary investigations, be read.
3In case the statements are made by persons taken as defendants in a joined proceeding, the court orders their forced accompaniment. When the presence of the person who has rendered a statement cannot be secured, the court, after hearing the parties, decides the reading of the minutes containing such statements.
EN