Georgia CommonsOfficial Code of Georgia Annotated
Title 17. CRIMINAL PROCEDURE · Chapter 7. PRETRIAL PROCEEDINGS · Article 2. COMMITMENT HEARINGS
17-7-28. Hearing of evidence by court of inquiry; right of accused to testify; application of rules of evidence; effect of failure of accused to testify.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
The court of inquiry shall hear all legal evidence submitted by either party. If the accused wishes to testify and announces in open court before the court of inquiry his or her intention to do so, the accused may testify in his or her own behalf. If the accused elects to testify, he or she shall be sworn as any other witness and may be examined and cross-examined as any other witness. The rules of evidence shall apply except that hearsay shall be admissible. The failure of an accused to testify shall create no presumption against the accused, and no comment may be made because of such failure.
History
Orig. Code 1863, § 4614; Code 1868, § 4636; Code 1873, § 4733; Code 1882, § 4733; Penal Code 1895, § 910; Penal Code 1910, § 935; Code 1933, § 27-405; Ga. L. 1962, p. 453, § 1; Ga. L. 1973, p. 292, § 1; Ga. L. 2011, p. 99, § 30/HB 24.
Editor's notes
Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.
Cross references
Prohibition against compelled self-incrimination, Ga. Const. 1983, Art. I, Sec. I, Para. XVI. Testimony of accused in criminal case, § 24-5-506.
Law reviews
For article discussing available means of discovery for criminal cases in Georgia, see 12 Ga. St. B.J. 134 (1976). For article on the effect of a conviction that is based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979). For article, ‘‘Evidence,’’ see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011). For note, ‘‘Defendant as a Witness in a Criminal Proceeding,’’ see 3 Mercer L. Rev. 335 (1952). For note discussing the unsworn statement formerly provided for in Georgia criminal trials, see 14 Mercer L. Rev. 412 (1963). For note discussing the unsworn statement in Georgia law (prior to its abolition in 1973), see 16 Mercer L. Rev. 441 (1965).
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Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t17-(v15)-2020-pdf.pdf, Volume V15, 2020 edition, pages 457 to 458; merge action: carried; file SHA-256 0b0d45f9c609.