Directory_and_Chronicle_1892 — Page 307

IN CHINA AND JAPAN

249

charge,

814. The prosecutor shall be at liberty to conduct the charge, and to Conduct of lave the witnesses examined and cross-examined by counsel or attorney on his behalf.

815. The accused shall be admitted to make his full answer and defence of defence, to the charge, and to have the witnesses examined and cross-examined by counsel er attorney on his behalf; and if he does not employ counsel or attorney, he shall, at the close of the examination of each witness for the prosecution, be asked by the Court whether he wishes to put any questions to the witness.

If he puts any question to a witness, the witness may be re-examined for the prosecution.

316. The room or place in which the Cour! sits to hear and determine Publicity. the charge is an open and public Court, to which the public generally may bave access as far as the room or place can conveniently contain them.

charge by

317. The substance of the charge shall be stated to the accused, and Admission of be shall be asked if he has any cause to show why he should not be accused. convicted.

prosecution.

If he thereupon admits the truth of the charge, an does not show Evidence for sufficient cause why he should not be convicted, the Court may convict him accordingly.

If he does not admit the truth of the charge, the Court shall proceed to hear the prosecutor and such witnes-es as he examines, and such other evidence as he ad luces in support of his charge.

On the termination of the whole evi lence in support of the charge, if Defenoc. it appears to the Court that a prima facie case is made out against the accused, he shall be asked by the Count it he wishes to say anything in answer, or has any witnesses to examine or other evidence to adduce in bis defence; and the Court shall then hear the accused and his witnesses and other evidence, if any.

any

318. If the accused adduces any evidence in his defence, the prosecutor Evidence in may adduce evidence in reply thereto; but the prosecutor shall not in reply. case be allowed to make any obs rvations by way of reply to the evidence adduced by the accused, nor shall the accused in any case be allowed to make any observations on evidence adduced by the prosecutor in reply.

319. A variance between the charge and the evidence adduced in Variance

between charge support of it as to the time at which the alleged crime or offence was and evidence. committed is not material if it is prove that the charge was in fact made within the time (if any) limited by law for the making thereof.

But if any variance between the charge and the evidence appears to the Court to be such that the acen ed has been thereby deceived or misled, the Court may adjouru the hearing.

Adjournment.

320. At any time before or during the hearing of the charge the Court Hearing may be may, in its discretion, for any good cause recorded in the minutes of adjourned in proceedings, adjourn the hearing.

"

discretion of

Court.

An a journment ordered for ny cause shall be made to a certain time and place, to be at the time of the adjournment appointed and stat diu the presence and hearing of the parties, or their respective counsel or attorneys.

During the period of adjourum ut the Court may in its discretion, Custody during according to the nature a d circumstances of each case, either suffer the adjournment. accused to go at large or commit bim by warrant to such prison or other place of security, or to such other safe custody as the Court thinks fit, or may discharge him on his entering into a recognizance, with or without a surety or sureties, at the discretion of the Court, for his appearance at the time and place of adjournment.

A notice of each recognizance is at the same time to be given to each person bound thereby.