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"РИМСКИЙ СТАТУТ МЕЖДУНАРОДНОГО УГОЛОВНОГО СУДА" [рус., англ.] (Вместе с "ПОСОБИЕМ ДЛЯ РАТИФИКАЦИИ И ИМПЛЕМЕНТАЦИИ...") (Принят в г. Риме 17.07.1998 Дипломатической конференцией полномочных представителей под эгидой ООН по учреждению Международного уголовного суда)





nes that it is in the interests of justice.
3. Within a reasonable time before the hearing, the person shall:
a) Be provided with a copy of the document containing the charges on which the Prosecutor intends to bring the person to trial; and
b) Be informed of the evidence on which the Prosecutor intends to rely at the hearing.
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:
a) Object to the charges;
b) Challenge the evidence presented by the Prosecutor; and
c) Present evidence.
7. 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.

Part 6. THE TRIAL

Article 62

Place of trial

Unless otherwise decided, the place of the trial shall be the seat of the Court.

Article 63

Trial in the presence of the accused

1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues t



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