Article 226/5: Use of Prior Recorded Testimony

Décisions de la Cour suprême interprétant cette section

1. Arrêt n° 765/2567 de la Cour suprême (2024)

   Under Section 226/5 the court may admit a witness's testimony given in another case where there is necessity, such as serious illness, but must weigh testimony the defendant could not cross-examine with special caution.

   The plaintiff's testimony had been given in another case and not in the presence of the second and third defendants. The court held that although Section 226/5 permits admitting such testimony where the plaintiff was too ill to attend, testimony the defendants could not cross-examine must be weighed with great care.

2. Arrêt de la Cour suprême n° 3069/2565 (2022)

   The record of an injured person's testimony given in another criminal case may be admitted to support other evidence under Section 226/5 where there is reasonable cause in the interest of justice.

   The court admitted the record of the first injured person's testimony from an earlier criminal case, together with the hearsay gateway of Section 226/3 paragraph two (2), holding there was reasonable cause to receive it as supporting evidence under Section 226/5.

3. Arrêt de la Cour suprême n° 1518/2565 (2022)

   Testimony a witness previously gave in another case may be admitted under Section 226/5 where there is reasonable cause, and consistency with that prior testimony bears on the witness's credibility.

   The witness's trial testimony matched her investigation statement and her earlier testimony in another case, which the court held admissible under Section 226/5; the later inconsistency raised on cross-examination did not overcome the consistent record.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.