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FOURTH GENEVA CONVENTION OF 1949
shall not be arrested, prosecuted, convicted or deported from the
occupied territory, except for offences committed after the outbreak
of hostilities, or for offences under common law committed before
the outbreak of hostilities which, according to the law of the
occupied State, would have justified extradition in time of peace.
Penal
procedure
I.
General
observations
ART. 71. — No sentence shall be pronounced by the competent
courts of the Occupying Power except after a regular trial.
Accused persons who are prosecuted by the Occupying Power
shall be promptly informed, in writing, in a language which they
understand, of the particulars of the charges preferred against them,
and shall be brought to trial as rapidly as possible. The Protecting
Power shall be informed of all proceedings instituted by the
Occupying Power against protected persons in respect of charges
involving the death penalty or imprisonment for two years or more;
it shall be enabled, at any time, to obtain information regarding the
state of such proceedings. Furthermore, the Protecting Power shall
be entitled, on request, to be furnished with all particulars of these
and of any other proceedings instituted by the Occupying Power
against protected persons.
The notification to the Protecting Power, as provided for in the
second paragraph above, shall be sent immediately, and shall in any
case reach the Protecting Power three weeks before the date of the
first hearing. Unless, at the opening of the trial, evidence is
submitted that the provisions of this Article are fully complied with,
the trial shall not proceed. The notification shall include the
following particulars:
a) description of the accused;
b) place of residence or detention;
c) specification of the charge or charges (with mention of the
penal provisions under which it is brought);
d) designation of the court which will hear the case;
e) place and date of the first hearing.
II.
Right of
defence
ART. 72. — Accused persons shall have the right to present
evidence necessary to their defence and may, in particular, call
witnesses. They shall have the right to be assisted by a qualified
advocate or counsel of their own choice, who shall be able to visit
them freely and shall enjoy the necessary facilities for preparing the
defence.
Failing a choice by the accused, the Protecting Power may
provide him with an advocate or counsel. When an accused person