Assuming that such a right exists, it is not real. It is also important to mention that the court supervises the conduct of the proceeding, and it will certainly ensure that the suspect's rights are not violated.
- Article 43 itself does not set a sanction for not-the fulfillment of an order issued by virtue of it. Prima facie, it follows that the-The law issuing the order is not authorized to impose a penalty on a person who does not comply with the order, and all he is authorized to do is to clarify in a decision on his behalf that the order was not lawfully complied with. The respondent noted to us that in her view, the source of the authority to impose a punitive sanction on a person who does not comply with an order issued by virtue of Article 43 It is not just instructions Section 6 30Contempt of Court Ordinance and Section 241 30Penal Law, Shaal-His mouth imposes a punitive sanction on anyone who refuses to testify or provide evidence. According to her, it also applies Article 73 30The Courts Law [Consolidated Version], תשמ"D-1984 (hereinafter – Article 73). The language of subsections (A) and-(IV) of Article 73which are important for our purposes are as follows:
| "Coercion of obedience and punishment for disobedience
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73. (A) A person who has been summoned to testify and has not appeared, or who has been ordered to produce a document but has not produced it, the court or the Registrar may –
(1) to order him to be brought before the court; the provisions of section 73A shall apply to such an order; (2) to impose on him, even if he is not present, half of the fine stated in section 40(2) of the Penal Law, 5737-1977, and if he is summoned or ordered again and does not appear or produce the document – imprisonment not exceeding one month or a fine as stated in section 40(2) of the said law. ... (d) If the court has grounds to assume that a person who has been summoned to testify or has been ordered to produce a document will not appear or fail to produce the document, the court or the registrar may – Skip to content |