Rules of Procedure and Evidence International Criminal Court:Rule 140 Directions for the conduct of the proceedings and testimony

Rules of Procedure and Evidence International Criminal Court

Rule 140 Directions for the conduct of the proceedings and testimony

Geldend

Documentgegevens:

Geldend vanaf 09-09-2002

Bronpublicatie:: 09-09-2002, Internet 2002, www.icc-cpi.int (uitgifte: 09-09-2002, regelingnummer: ICC-ASP/1/3)
Inwerkingtreding: 09-09-2002
Bronpublicatie inwerkingtreding:: 09-09-2002, Internet 2002, www.icc-cpi.int (uitgifte: 09-09-2002, regelingnummer: ICC-ASP/1/3)
Vakgebied(en): Internationaal strafrecht / Internationale tribunalen

1.

If the Presiding Judge does not give directions under article 64, paragraph 8, the Prosecutor and the defence shall agree on the order and manner in which the evidence shall be submitted to the Trial Chamber. If no agreement can be reached, the Presiding Judge shall issue directions.

2.

In all cases, subject to article 64, paragraphs 8(b) and 9, article 69, paragraph 4, and rule 88, sub-rule 5, a witness may be questioned as follows:

(a): A party that submits evidence in accordance with article 69, paragraph 3, by way of a witness, has the right to question that witness;
(b): The prosecution and the defence have the right to question that witness about relevant matters related to the witness's testimony and its reliability, the credibility of the witness and other relevant matters;
(c): The Trial Chamber has the right to question a witness before or after a witness is questioned by a participant referred to in sub-rules 2 (a) or (b);
(d): The defence shall have the right to be the last to examine a witness.

3.

Unless otherwise ordered by the Trial Chamber, a witness other than an expert, or an investigator if he or she has not yet testified, shall not be present when the testimony of another witness is given. However, a witness who has heard the testimony of another witness shall not for that reason alone be disqualified from testifying. When a witness testifies after hearing the testimony of others, this fact shall be noted in the record and considered by the Trial Chamber when evaluating the evidence.