TRIAL PROCEDURE

RULE 131: Record of the proceedings transmitted by the Pre-

Trial Chamber
THE REGISTRAR - shall maintain the record of the proceedings
transmitted by the Pre-Trial
The RECORD – may be consulted by:
a. the Prosecutor
b. the Defense
c. the Representatives of States when they participate in the
proceedings; and
d. the Victims or their legal representatives participating in the
proceedings
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RULE 132: Status Conferences
The TRIAL CHAMBER – shall hold a status conference in order to set
the date of the trial. It may:
- postpone the date of the trial, but it shall:
a. notify the trial date to all those participating in the
proceedings; and
b. shall ensure that this date and any postponements are
made PUBLIC
- confer with the parties by holding status conferences as
necessary
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RULE 133: Motions challenging admissibility or jurisdiction
It involves:
Challenges to the jurisdiction of the Court or the admissibility of
the case at the commencement of the trial; or
Subsequently with the leave of the Court
It shall be dealt with by the Presiding Judge and the Trial Chamber
( in accordance with Rule 58 )
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RULE 134: Motions relating to the trial proceedings
I. Prior to the commencement of the trial
-ruling by the Trial Chamber on any issue concerning the conduct
of the proceedings.
I. At the commencement of the trial
-asking by the Trial Chamber of any objections or observations
concerning the conduct of the proceedings which have arisen since the
confirmation hearings.
I. After the commencement of the trial
- ruling by the TC on issues that arise during the course of the
trial
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RULE 135: Medical examination of the accused
The Trial Chamber may order a medical, psychiatric or psychological
examination of the accused under the conditions set forth in rule 113.
Reasons
From the list of experts approved by the Registrar or an expert
approved by the TC ( at the request of a party )
If TC is satisfied that the accused is unfit to stand trial……..
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RULE 136: Joint and Separate Trials
Generally: Persons accused jointly shall be tried together unless:
- to avoid serious prejudice to the accused
- to protect the interests of justice or
- because a person jointly accused has made an admission of
guilt and can be proceeded against in accordance with Art. 65, par. 2.

 In joint trials, each accused shall be accorded the same rights as if

such accused were being tried separately.
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RULE 137: Record of the Trial Proceedings
The Registrar – to make and preserve a full and accurate:
a. record of all proceedings
b. transcripts
c. audio-
d. video- recordings
e. other means of capturing sound or image.
Disclosure
Other authorized persons
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RULE 138: Custody of Evidence
The Registrar:

the Retention and Preservation………

...............subject to any order of the Trial Chamber.
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RULE 139: Decision on admission of Guilt

The Trial Chamber may:

- invite the views of the Prosecutor and the defence; then
- make its decision on the admission of guilt; and shall
- give reasons for this decision ( which shall be placed on the
record )
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RULE 140: Directions for the conduct of the proceedings and
testimony
I. The Presiding Judge not giving directions – agreement of the
Prosecutor and the Defence.
II. If No agreement – the Presiding Judge
III. How a Witness may be questioned:
a. by a party submitting evidence, by way of a witness
b. the Prosecution and the Defence
c. the Trial Chamber
c. the Defence
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RULE 140: Directions for the conduct of the proceedings and
testimony
IV. A witness shall not be present when the testimony of another
witness is given.
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RULE 141: Closure of evidence and closing statements
The Presiding Judge shall:
a. declare when the submission of evidence is closed.
b. invite the Prosecutor and the Defence to make their closing
statements; and
c. the defence shall always have the opportunity to speak last.
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RULE 142: Deliberations
The Trial Chamber shall:
a. retire to deliberate ( in Camera )
b. inform all those who participated in the proceedings of the
date on which the Trial Chamber will pronounce its decision.
c. when there is more than one charge: the TC decide separately
on each charge
d. when there is more than one accused: the TC decide
separately on the charges against each accused.
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RULE 143: Additional hearings on matters related to sentence or
reparation
Who will set the hearing: - the Presiding judge
Purpose: for holding a further hearing on matters related to sentence
and if applicable, reparations
Who can postpone the hearing: in exceptional circumstances
a. by the Trial Chamber; or
b. at the request of the Prosecutor; or
c. the defence; or
d. the legal representatives of the victims participating in the
proceedings; and
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RULE 143: Additional hearings on matters related to sentence or
reparation
e. in respect of reparations hearings, those victims who have
made a request under Rule 94.
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RULE 144: Delivery of the decisions of the Trial Chamber
Those which shall be announced in public are:
a. Decisions of the Trial Chamber ( concerning the admissibility of a
case )
b. The Jurisdiction of the Court
c. Criminal responsibility of the accused
d. Sentence and Reparations
In the presence of:
a. The Accused
b. The Prosecutor
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RULE 144: Delivery of the decisions of the Trial Chamber
c. The Victims or the Legal Representatives of the victims participating
in the proceedings; and
d. The Representatives of the States which have participated in the
proceedings.
Copies of the decisions shall be provided to:
a. All those who participated in the proceedings ( in a working
language of the Court )
b. The accused ( in a language he/she fully understands or speaks