Art. 214. Before starting the testimony, the parties may contradict the witness or argue circumstances or defects, which make him suspect of partiality, or unworthy of faith. The judge will have the contradicted or argument and the witness’s response recorded, but will only exclude the witness or will not grant him a commitment in the cases provided for in articles 207 and 208.
contradicting the witness
Contradict or allegation of defect. Distinction: The party can contradict the witness or argue defects. The objection must be based on the hypotheses of articles 207 and 208. The allegation of defects of the witness can be justified by any fact that makes the witness suspect of partiality (enmity with the accused, interest in the cause, etc.). If the contradicted is considered valid, the witness will not be heard or will be questioned without commitment. Differently, the claim of defects does not result in any action. It is only intended to draw the magistrate’s attention. Its purpose is to demonstrate the partiality of the witness, so that, in this way, the judge takes this circumstance into account when evaluating the evidence. It is a matter of defense strategy whether or not to argue the defect during the deposition. The absence of arguments during the questioning of the witness does not prevent the party from alleging its partiality at a later time (in the closing arguments, for example).
Opportunity: The contradicta and the allegation of defects are made after the qualification of the witness and before the beginning of the testimony. It is the moment when the party must ask for the floor to make the contradictory and/or the argument.
Procedure: Once the contradicta and/or the argument has been made, the magistrate must hear the opposing party. Next, the witness. Determine the production of proof, if necessary, and then decide.
