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(1) The examination of witnesses under 18 years of age shall be conducted solely
by the presiding judge.
(2) The persons referred to in section 240 (1) and (2) sentence 1 may request the
presiding judge to ask the witnesses further questions. The presiding judge may
permit these persons to put questions to
witnesses directly if, according to his duty-
bound discretion, no detriment to the well-being of the witness is to be expected.
(3) Section 241 (2) shall apply accordingly.
Section 242
Decision on admissibility of questions
In the case of any doubts as to the admissibility of a question, the court shall decide.
Section 243
Course of main hearing
(1) The main hearing shall begin with the case being called up. The presiding judge
shall determine whether the defendant and defence counsel are present and
whether the evidence has been produced and, in particular, whether the summoned
witnesses and experts
are present.
(2) The witnesses shall leave the courtroom. The presiding judge
shall examine the
defendant on his personal situation.
(3) Thereupon, the public prosecutor shall read out the charges. In the cases under
section 207 (3), he shall base these on the new bill of indictment. In the cases under
section 207 (2) no. 3, the public prosecutor shall read
out the charges and submit
the legal assessment on which the decision to open the main hearing was based; he
may, in addition, express his own divergent legal opinion. In the cases under section
207 (2) no. 4, he shall take into account any amendments ordered by the court when
admitting the case for a main hearing.
(4) The presiding judge shall state whether discussions pursuant to sections 202a
and 212
have taken place, whether their subject matter has been the possibility of a
negotiated agreement (section 257c) and, if so, their essential content. This duty
shall also obtain in the further course of the main hearing, insofar as changes have
occurred in regard to the information given at the commencement of the main
hearing.
(5) The defendant shall then be informed that he may choose to respond to the
charges or not to make any statement on the charges. If the defendant is prepared
to respond, he shall be examined on the charges in accordance with section 136 (2).
Upon
application, in particularly extensive first-instance proceedings before a
regional court or higher regional court in which the main hearing will presumably last
more than 10 days, defence counsel shall be given the opportunity to make a
statement on the defendant’s behalf before the defendant’s examination; this
statement may not anticipate the closing speech. The presiding judge may require
that defence counsel submit any further statement in writing if otherwise the course
of proceedings would
be significantly delayed; section 249 (2) sentence 1 shall
apply accordingly. The defendant’s previous convictions shall be disclosed only
insofar as they are relevant to the decision. The presiding judge shall decide when
such convictions are to be disclosed.
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