Rome Statute of the International Criminal Court
The Pre-Trial Chamber may issue orders regarding the disclosure of information for
the purposes of the hearing.
4.
Before the hearing, the Prosecutor may continue the investigation and may amend or
withdraw any charges. The person shall be given reasonable notice before the hearing
of any amendment to or withdrawal of charges. In case of a withdrawal of charges, the
Prosecutor shall notify the Pre-Trial Chamber of the reasons for the withdrawal.
5.
At the hearing, the Prosecutor shall support each charge with sufficient evidence
to establish substantial grounds to believe that the person committed the crime
charged. The Prosecutor may rely on documentary or summary evidence and need
not call the witnesses expected to testify at the trial.
6.
At the hearing, the person may:
7.
(a)
Object to the charges;
(b)
Challenge the evidence presented by the Prosecutor; and
(c)
Present evidence.
The Pre-Trial Chamber shall, on the basis of the hearing, determine whether there
is sufficient evidence to establish substantial grounds to believe that the person
committed each of the crimes charged. Based on its determination, the Pre-Trial
Chamber shall:
(a)
Confirm those charges in relation to which it has determined that there is
sufficient evidence, and commit the person to a Trial Chamber for trial on the
charges as confirmed;
(b)
Decline to confirm those charges in relation to which it has determined that
there is insufficient evidence;
(c)
Adjourn the hearing and request the Prosecutor to consider:
(i)
Providing further evidence or conducting further investigation with
respect to a particular charge; or
(ii)
Amending a charge because the evidence submitted appears to
establish a different crime within the jurisdiction of the Court.
8.
Where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor shall
not be precluded from subsequently requesting its confirmation if the request is
supported by additional evidence.
9.
After the charges are confirmed and before the trial has begun, the Prosecutor may,
with the permission of the Pre-Trial Chamber and after notice to the accused, amend
the charges. If the Prosecutor seeks to add additional charges or to substitute more
serious charges, a hearing under this article to confirm those charges must be held.
After commencement of the trial, the Prosecutor may, with the permission of the Trial
Chamber, withdraw the charges.
10.
Any warrant previously issued shall cease to have effect with respect to any charges
which have not been confirmed by the Pre-Trial Chamber or which have been
withdrawn by the Prosecutor.
11.
Once the charges have been confirmed in accordance with this article, the Presidency
shall constitute a Trial Chamber which, subject to paragraph 9 and to article 64,
paragraph 4, shall be responsible for the conduct of subsequent proceedings and
may exercise any function of the Pre-Trial Chamber that is relevant and capable of
application in those proceedings.
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