CAT/OP/ROU/1/Add.1 (4) Derived pieces of evidence are excluded if these were obtained directly from evidence obtained unlawfully and could not be obtained in other way. Assessment of evidence Art. 103. - (1) Pieces of evidence do not have a value pre-established by law and are subject to the free discretion of the judicial bodies, based on the assessment of all pieces of evidence produced in a case. (2) In making a decision the existence of an offense and on a defendant’s guilt, the court decides, on a justified basis, on the basis of all the assessed pieces of evidence. Conviction is ordered only when the court is convinced that the charge was proven beyond any reasonable doubt. (3) A court sentence ordering a conviction, waiver of penalty, or delay of penalty may not be based decisively on statements of the investigator, of informants or of protected witnesses. CHAPTER II - Hearing of persons Special rules regarding the hearing Art. 106. - (1) If, during the hearing of a person, such person shows visible signs of excessive fatigue or symptoms of a disease that affect their physical or psychological capacity to participate in the hearing, judicial bodies shall order cessation of the hearing and, if the case, shall procure that the person is examined by a physician. (2) A detained person may be heard at the detention facility through videoconference, in exceptional situations and if judicial bodies decide that this does not harm the proper conducting of the trial or the rights and interests of the parties. (3) In the situation set by par. (2), if a person subject to hearing finds themselves in any of the situations set by Art. 90, their hearing may be conducted only in the presence of their counsel at the detention facility. Manner of hearing Art. 109. - (1) Following fulfillment of the procedures set forth by the provisions of Arts. 107 and 108, a suspect or defendant shall be allowed to declare everything they want referring to the act set forth by the criminal law that was communicated to them, after which questions can be asked. (2) A suspect or defendant has the right to consult their counsel both prior to and during the hearing, and judicial bodies, when they deem it necessary, may allow them to use their own notes. (3) During the hearing, a suspect or defendant may use their right to remain silent in respect of any of the facts or circumstances about which they are asked. CRIMINAL CODE Abusive investigation Art. 280. - (1) The use of promises, threats or violence against a person undergoing investigation, criminal prosecution or trial, by a criminal investigation body, a prosecutor or a judge in order to determine such person to give or to refrain from giving statements, to give false testimony or to withdraw testimony shall be punishable by no less than 2 and no more than 7 years of imprisonment and the deprivation of the right to hold a public office. (2) The same penalty is applied to the production, counterfeiting or fabrication of false evidence by a criminal investigation body, a prosecutor or a judge. Submission to ill treatment Art. 281 - (1) Submission of an individual to serve a sentence, security or education measure otherwise than as provided by the legal stipulations shall be punishable by no less than 6 months and no more than 3 years of imprisonment and the deprivation of the right to hold a public office. (2) Submission of an individual who is in custody, detained or serving a custodial security or custodial education measure to degrading or inhuman treatments shall be punishable by no less than 1 and no more than 3 years of imprisonment and the deprivation of the right to hold a public office. Torture Art. 282 - (1) The act of a public servant holding an office that involves the exercise of state authority or of other person acting upon the instigation of or with the specific or tacit consent thereof to cause an individual pain or intense suffering, either physically or mentally: a) to obtain information or statements from that person or from a third-party b) to punish them for an act committed by them or by a third party or that they or a third party is suspected to have committed c) to intimidate or pressure them or a third-party d) for a reason based on any form of discrimination, shall be punishable by no less than 2 and no more than 7 years of imprisonment and a ban on the exercise of certain rights. (2) If the act set out in par. (1) has resulted in bodily harm, the penalty shall consist of no less than 3 and no more than 10 years of imprisonment and a ban on the exercise of certain rights. 6