Statute of the Special Tribunal for Lebanon:Article 22 Trials in absentia

Statute of the Special Tribunal for Lebanon

Article 22 Trials in absentia

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

1.

The Special Tribunal shall conduct trial proceedings in the absence of the accused, if he or she:

(a)

Has expressly and in writing waived his or her right to be present;

(b)

Has not been handed over to the Tribunal by the State authorities concerned;

(c)

Has absconded or otherwise cannot be found and all reasonable steps have been taken to secure his or her appearance before the Tribunal and to inform him or her of the charges confirmed by the Pre-Trial Judge.

2.

When hearings are conducted in the absence of the accused, the Special Tribunal shall ensure that:

(a)

The accused has been notified, or served with the indictment, or notice has otherwise been given of the indictment through publication in the media or communication to the State of residence or nationality;

(b)

The accused has designated a defence counsel of his or her own choosing, to be remunerated either by the accused or, if the accused is proved to be indigent, by the Tribunal;

(c)

Whenever the accused refuses or fails to appoint a defence counsel, such counsel has been assigned by the Defence Office of the Tribunal with a view to ensuring full representation of the interests and rights of the accused.

3.

In case of conviction in absentia, the accused, if he or she had not designated a defence counsel of his or her choosing, shall have the right to be retried in his or her presence before the Special Tribunal, unless he or she accepts the judgement.

Deze functie is alleen te gebruiken als je bent ingelogd.