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By virtue of Article 51 of the Rome Statute, the Assembly of States Parties to the International Criminal Court on 9 September 2002 adopted the Rules of Procedure and Evidence which constitute, together with the Statute and with submit to it, the basic rules to be applied by the International Criminal Court for the proper exercise of their functions.
Taking into account the additional provision of the Organic Law 18/2003 of 10 December, of cooperation with the International Criminal Court, as well as the content of these Rules of Procedure and the test, we proceed to your publication in the "Official State Gazette" for general knowledge.
Madrid, 19 September 2011.-The Technical Secretariat of the Ministry of Foreign Affairs and Cooperation, Rosa Antonia Martínez Frutos.
5. PROCEDURE AND TEST RULES *±
Index
Chapter 1. General provisions.
Rule 1. Terms used.
Rule 2. Authentic texts.
Rule 3. Amendments.
Chapter 2. Of the composition and administration of the Court.
Section I. General provisions concerning the composition and administration of the Court.
Rule 4. Plenary sessions.
Rule 5. Solemn promise in accordance with Article 45.
Rule 6. Solemn promise of the staff of the Prosecutor's Office and the Secretariat and of the interpreters and translators.
Rule 7. Single magistrate, in accordance with paragraph 2 (b) (iii) of Article 39.
Rule 8. Code of professional conduct.
* Explanatory note: The Rules of Procedure and Testing constitute an instrument for the application of the Rome Statute of the International Criminal Court, to which it is subordinate in all cases. In drawing up the Rules of Procedure and Testing, it has been sought to avoid reiteration and, as far as possible, to repeat provisions of the Statute. Direct references to the Statute have been included in the Rules, where appropriate, in order to highlight the relationship between the two instruments in accordance with Article 51, in particular paragraphs 4 and 5. In all cases, the Rules of Procedure and Testing must be interpreted in conjunction with and subject to the provisions of the Staff Regulations. For the purposes of processes in countries, the Rules of Procedure and Testing of the International Criminal Court shall not affect the procedural rules applicable in a court or a national legal system.
± The text of these Rules of Procedure and Test is reproduced from Official Documents of the Assembly of States Parties to the Rome Statute of the International Criminal Court, first session, New York, 3 to 10 September 2002 (publication of the United Nations, N. of sale S. 03.V. 2 and correction), part II.A.
Section II. The Prosecutor's Office.
Rule 9. Operation of the Prosecutor's Office.
Rule 10. Conservation of information and evidence.
Rule 11. Delegation of the duties of the Prosecutor.
Section III. The Secretariat.
Subsection 1. General provisions relating to the Secretariat.
Rule 12. Election of the Secretary and the Assistant Secretary and conditions to be met.
Rule 13. Duties of the Registrar.
Rule 14. Operation of the Secretariat.
Rule 15. Records.
Subsection 2. Dependency on Victims and Witnesses.
Rule 16. Obligations of the Registrar in relation to victims and witnesses.
Rule 17. Functions of the Dependency.
Rule 18. Obligations of the Dependence.
Rule 19. Experts of the Dependence.
Subsection 3. Defense attorneys.
Rule 20. Obligations of the Secretary in relation to the rights of the defence.
Rule 21. Assignment of legal assistance.
Rule 22. Appointment of defence lawyers and conditions to be met.
Section IV. Situations that may affect the operation of the Court.
Subsection 1. Separation of charge and disciplinary measures.
Rule 23. General principle.
Rule 24. Definition of serious misconduct and serious failure to perform functions.
Rule 25. Definition of less severe missing.
Rule 26. Reporting of complaints.
Rule 27. Common provisions on the rights of the defence.
Rule 28. Suspension in office.
Rule 29. Procedure in case of a request for separation from office.
Rule 30. Procedure in case of application for the adoption of disciplinary measures.
Rule 31. Separation from office.
Rule 32. Disciplinary measures.
Subsection 2. Waiver, recusal, death, and resignation.
Rule 33. Waiver from a magistrate, prosecutor or deputy prosecutor.
Rule 34. Recusal of a magistrate, prosecutor or deputy prosecutor.
Rule 35. Obligation of a magistrate, the prosecutor or an assistant prosecutor to request the waiver.
Rule 36. Death of a magistrate, the prosecutor, an assistant prosecutor, the secretary or the assistant secretary.
Rule 37. Resignation of a magistrate, the prosecutor, an assistant prosecutor, the secretary or the assistant secretary.
Subsection 3. Replacements and alternate magistrates.
Rule 38. Substitutions.
Rule 39. Substitute magistrates.
Section V. Publication, languages and translation.
Rule 40. Publication of decisions in the official languages of the Court.
Rule 41. Working languages of the Court.
Rule 42. Translation and interpreting services.
Rule 43. Procedure applicable to the publication of the Court documents.
Chapter 3. Of competence and admissibility.
Section I. Statements and referrals relating to Articles 11, 12, 13 and 14.
Rule 44. Declaration provided for in paragraph 3 of Article 12.
Rule 45. Referral of a situation to the Prosecutor.
Section II. Initiation of an investigation pursuant to Article 15.
Rule 46. Information provided to the Prosecutor in accordance with paragraphs 1 and 2 of Article 15.
Rule 47. Testimony pursuant to paragraph 2 of Article 15.
Rule 48. Determination of sufficient basis for the opening of an investigation in accordance with paragraph 3 of Article 15.
Rule 49. Decision and information pursuant to paragraph 6 of Article 15.
Rule 50. Procedure for the Preliminary Question Room to authorize the initiation of the investigation.
Section III. Preliminary rulings and decisions pursuant to Articles 17, 18 and 19.
Rule 51. Information submitted in accordance with Article 17.
Rule 52. Notification provided for in paragraph 1 of Article 18.
Rule 53. Inhibition of the Prosecutor according to paragraph 2 of Article 18.
Rule 54. Request of the Prosecutor in accordance with paragraph 2 of Article 18.
Rule 55. Actions relating to paragraph 2 of Article 18.
Rule 56. Request of the Prosecutor following the examination made pursuant to paragraph 3 of Article 18.
Rule 57. Provisional measures pursuant to paragraph 6 of Article 18.
Rule 58. Actions pursuant to Article 19.
Rule 59. Participation in the actions in accordance with paragraph 3 of Article 19.
Rule 60. Body competent to receive the challenges.
Rule 61. Provisional measures pursuant to Article 19, paragraph 8.
Rule 62. Actions pursuant to paragraph 10 of Article 19.
Chapter 4. Provisions relating to various stages of the procedure.
Section I. Test.
Rule 63. General provisions concerning the test.
Rule 64. Procedure concerning the relevance or admissibility of the test.
Rule 65. Obligation on witnesses to provide a statement.
Rule 66. Solemn promise.
Rule 67. Testimony provided in person by means of audio or video.
Rule 68. Previously recorded testimony.
Rule 69. Agreements as to the test.
Rule 70. Principles of testing in cases of sexual violence.
Rule 71. Proof of other sexual behavior.
Rule 72. Closed procedure to consider the relevance or eligibility of evidence.
Rule 73. Privileged communications and information.
Rule 74. Self-incrimination of a witness.
Rule 75. Incrimination by family members.
Section II. Disclosure of documents or information.
Rule 76. Disclosure, prior to the trial, of information regarding the witnesses of the charge.
Rule 77. Inspection of objects held by the Prosecutor or under his control.
Rule 78. Inspection of objects held by the defence or under its control.
Rule 79. Disclosure of information by the defense.
Rule 80. Procedure to enforce an exemption from criminal liability in accordance with paragraph 3 of Article 31.
Rule 81. Restrictions on the disclosure of documents or information.
Rule 82. Restrictions on the disclosure of documents or information protected by the provisions of paragraph 3 (e) of Article 54.
Rule 83. Opinion on the existence of eximent or mitigating evidence of culpability in accordance with paragraph 2 of Article 67.
Rule 84. Disclosure of documents or information and presentation of additional evidence.
Section III. Victims and witnesses.
Subsection 1. Definition of victims and applicable general principle.
Rule 85. Definition of victims.
Rule 86. General principle.
Subsection 2. Protection of victims and witnesses.
Rule 87. Protective measures.
Rule 88. Special measures.
Subsection 3. Involvement of victims in the process.
Rule 89. Request that victims participate in the process.
Rule 90. Legal representatives of the victims.
Rule 91. Participation of legal representatives in the actions.
Rule 92. Notification to victims and their legal representatives.
Rule 93. Observations of the victims or their legal representatives.
Subsection 4. Reparation to victims.
Rule 94. Procedure upon request.
Rule 95. Procedure in case the Court acts on its own initiative.
Rule 96. Advertisement of the repair actions.
Rule 97. Assessment of the repair.
Rule 98. Trust Fund.
Rule 99. Cooperation and precautionary measures for the purpose of confiscation pursuant to paragraph 3 (e) of Article 57 and paragraph 4 of Article 75.
Section IV. Miscellaneous provisions.
Rule 100. Place of judgment.
Rule 101. Deadlines.
Rule 102. Communications not written in writing.
Rule 103. Amicus curiae and other forms of observations.
Chapter 5. From the investigation and prosecution.
Section I. Tax Decision on the initiation of an investigation pursuant to Article 53, paragraphs 1 and 2.
Rule 104. Assessment of the information by the Prosecutor.
Rule 105. Notification of the Prosecutor's decision not to initiate an investigation.
Rule 106. Notification of the Prosecutor's decision not to proceed with prosecution.
Section II. Review procedure in accordance with paragraph 3 of Article 53.
Rule 107. Request for revision in accordance with paragraph 3 (a) of Article 53.
Rule 108. Decision of the Board of Preliminary Questions pursuant to paragraph 3 (a) of Article 53.
Rule 109. Review by the Preliminary Questions Room in accordance with paragraph 3 (b) of Article 53.
Rule 110. Decision of the Board of Preliminary Questions pursuant to paragraph 3 (b) of Article 53.
Section III. Test meeting.
Rule 111. Report of the proceedings of the interrogations in general.
Rule 112. Recording of the interrogation in certain cases.
Rule 113. Obtaining information regarding the health status.
Rule 114. A unique opportunity to conduct an investigation in accordance with Article 56.
Rule 115. Meeting of evidence in the territory of a State Party in accordance with paragraph 3 (d) of Article 57.
Rule 116. Meeting of evidence at the request of the defence in accordance with paragraph 3 (b) of Article 57.
Section IV. Procedures relating to the restriction and deprivation of liberty.
Rule 117. Stop in a State.
Rule 118. Pre-trial detention at the Court's headquarters.
Rule 119. Probation.
Rule 120. Instruments for limiting movements.
Section V. Procedure for confirmation of charges pursuant to Article 61.
Rule 121. Procedure prior to the confirmation hearing.
Rule 122. Procedure of the confirmation hearing in the presence of the imputed.
Rule 123. Measures to ensure the presence of the defendant in the confirmation hearing of the charges.
Rule 124. Waives the right to be present at the confirmation hearing for the charges.
Rule 125. Decision to hold a confirmation hearing on the charges in the absence of the defendant.
Rule 126. Confirmation hearing of the charges in the absence of the defendant.
Section VI. Conclusion of the pretrial phase.
Rule 127. Procedure to be followed in case of different decisions on multiple charges.
Rule 128. Modification of charges.
Rule 129. Notification of the decision on the confirmation of the charges.
Rule 130. Constitution of the Chamber of First Instance.
Chapter 6. Of the procedure in the trial.
Rule 131. Case file of the proceedings transmitted by the Preliminary Chamber of Questions.
Rule 132. Meetings with the parties.
Rule 133. Challenge of admissibility or competition.
Rule 134. Requests related to trial substantiation.
Rule 135. Medical recognition of the defendant.
Rule 136. Accumulation and separation of cars.
Rule 137. Record of the proceedings of the trial.
Rule 138. Custody of the evidence.
Rule 139. Decision on the guilty plea.
Rule 140. Instructions for trial and testimony proceedings.
Rule 141. Closing the trial period and closing arguments.
Rule 142. Deliberations.
Rule 143. Additional hearings on issues relating to the imposition of penalty or reparation.
Rule 144. Notice of decisions of the Chamber of First Instance.
Chapter 7. Of the penalties.
Rule 145. Imposition of the penalty.
Rule 146. Imposition of fines pursuant to Article 77.
Rule 147. Confiscation orders.
Rule 148. Order of transfer of the fines or forfeiture to the Trust Fund.
Chapter 8. Of the appeal and review.
Section I. General provisions.
Rule 149. Rules regarding the procedure in the Appellate Chamber.
Section II. Appeal of the conviction or absolute sentence, of the penalty or of the decision to grant reparation.
Rule 150. Appeal.
Rule 151. Procedure for appeal.
Rule 152. Withdrawal of the appeal.
Rule 153. Judgment of the appeal of a decision regarding the repair.
Section III. Appeal of other decisions.
Rule 154. Appeals for which no court authorization is required.
Rule 155. Appeals for which the Court's authorization is required.
Rule 156. Appeal procedure.
Rule 157. Withdrawal of the appeal.
Rule 158. Judgment of the appeal.
Section IV. Review of the sentence or sentence.
Rule 159. Review request.
Rule 160. Transfer to the purposes of the review.
Rule 161. Determination regarding the review.
Chapter 9. Crimes against the administration of justice and misconduct in the Court.
Section I. Crimes against the administration of justice pursuant to Article 70.
Rule 162. Exercise of jurisdiction.
Rule 163. Application of the Staff Regulations and Rules.
Rule 164. Limitation periods.
Rule 165. Investigation, prosecution and prosecution.
Rule 166. Penalties in accordance with Article 70.
Rule 167. International cooperation and judicial assistance.
Rule 168. Res judicata.
Rule 169. Immediate stop.
Section II. Misconduct in the Court in accordance with Article 71.
Rule 170. Alteration of the order in the proceedings of the Court.
Rule 171. Refusal to comply with a court order.
Rule 172. Conduct referred to in Articles 70 and 71.
Chapter 10. Compensation of the arrested or convicted.
Rule 173. Application for compensation.
Rule 174. Procedure for applying for compensation.
Rule 175. Amount of compensation.
Chapter 11. International cooperation and judicial assistance.
Section I. Applications for cooperation pursuant to Article 87.
Rule 176. Court organs responsible for transmitting and receiving communications concerning international cooperation and judicial assistance.
Rule 177. Communication conduits.
Rule 178. Language chosen by a State Party in accordance with paragraph 2 of Article 87.
Rule 179. Language of applications addressed to States which are not parties to the Staff Regulations.
Rule 180. Changes in communication lines or in the language of requests for cooperation.
Section II. Delivery, transit and concurrent requests in accordance with Articles 89 and 90.
Rule 181. Challenge the admissibility of a case before a national court.
Rule 182. Application for transit authorisation in accordance with paragraph 3 (e) of Article 89.
Rule 183. Possible temporary delivery.
Rule 184. Paperwork for delivery.
Rule 185. Release of a person at the disposal of the Court for reasons other than compliance with the judgment.
Rule 186. Concurrent requests in the context of an impeachment of the admissibility of the cause.
Section III. Documents accompanying the application for detention and delivery in accordance with Articles 91 and 92.
Rule 187. Translation of documents accompanying the application for delivery.
Rule 188. Deadline for the submission of documents after provisional detention.
Rule 189. Transmission of documents justifying the request.
Section IV. Cooperation in accordance with Article 93.
Rule 190. Instruction on the self-incrimination attached to the request for the appearance of a witness.
Rule 191. Securities issued by the Court pursuant to paragraph 2 of Article 93.
Rule 192. Moving a stopped.
Rule 193. Temporary move from the Execution State.
Rule 194. Request for cooperation from the Court.
Section V. Cooperation in accordance with Article 98.
Rule 195. Provision of information.
Section VI. Rule of the craft in accordance with Article 101.
Rule 196. Submission of comments on paragraph 1 of Article 101.
Rule 197. Extension of the delivery.
Chapter 12. Of the execution of the penalty.
Section I. The role of States in the execution of custodial sentences and change in the designation of the executing State in accordance with Articles 103 and 104.
Rule 198. Communications between the Court and the States.
Rule 199. Body in charge of the functions of the Court in accordance with Part X.
Rule 200. List of Execution States.
Rule 201. The principles of equitable distribution.
Rule 202. Time of delivery of the sentenced person to the executing State.
Rule 203. Comments of the sentenced person.
Rule 204. Information regarding the designation.
Rule 205. Rejection of the designation in a given case.
Rule 206. Delivery of the sentenced person to the executing State.
Rule 207. Transit.
Rule 208. Expenses.
Rule 209. Change in the designation of the executing State.
Rule 210. Procedure for the change in the designation of the executing State.
Section II. Execution of the penalty, supervision and transfer in accordance with Articles 105, 106 and 107.
Rule 211. Supervision of execution of the sentence and conditions of imprisonment.
Rule 212. Information on the location of the person for the purpose of the execution of the fines and confiscation orders, as well as of the repair measures.
Rule 213. Procedure relating to paragraph 3 of Article 107.
Section III. Limitations on prosecution or punishment for other offences under Article 108.
Rule 214. Request for processing or execution of a previous conduct penalty.
Rule 215. Decision on the request to submit to trial or to execute a penalty.
Rule 216. Information about the execution.
Section IV. Execution of fines and confiscation or repair orders.
Rule 217. Cooperation and measures for the execution of fines and confiscation or repair orders.
Rule 218. Seizure and repair orders.
Rule 219. No modification of the repair orders.
Rule 220. No modification of the sentences for which fines are imposed.
Rule 221. Decision on the destination or allocation of the goods or assets.
Rule 222. Assistance with respect to a notification or any other measure.
Section V. Review of a penalty reduction pursuant to Article 110.
Rule 223. Criteria for the examination of a reduction of the penalty.
Rule 224. Procedure for the examination of a reduction of the penalty.
Section VI. Evasion.
Rule 225. Measures applicable in accordance with Article 111 in case of evasion.
CHAPTER 1
General provisions
Rule 1. Terms used.
In this document:
-By "article" the articles of the Rome Statute shall be read;
-By "Room" means a Court Room;
-"Part" shall mean the Parties to the Rome Statute;
-By "Magistrate President" means the Magistrate who chairs a Chamber;
-For "President" the President of the Court will be understood;
-By "Regulation" the Court's Rules of Procedure will be understood;
-By "Rules" the Rules of Procedure and Test will be understood.
Rule 2. Authentic texts.
The Rules have been approved in the official languages of the Court in accordance with paragraph 1 of Article 50. All texts are equally authentic.
Rule 3. Amendments.
1. Amendments to Rules that are proposed in accordance with Article 51, paragraph 2, shall be transmitted to the Chair of the Bureau of the Assembly of the States Parties.
2. The President of the Bureau of the Assembly of the States Parties shall translate the amendments into the official languages of the Court and transmit them to the States Parties.
3. The procedure described in sub-rules 1 and 2 shall also apply to the provisional rules referred to in Article 51 (3
.CHAPTER 2
Of the composition and administration of the Court
Section I. General provisions concerning the composition and administration of the Court
Rule 4. Plenary sessions.
1. The magistrates will meet in plenary session before two months from the date of their election. In that first plenary session, after making the solemn declaration in accordance with Rule 5, the magistrates:
a) They will elect the President and the Vice-Presidents;
b) They will assign magistrates to the sections.
2. Subsequently, the magistrates shall meet in plenary session at least once a year to perform their duties in accordance with the Staff Regulations, Rules and Rules of Procedure and, if necessary, in extraordinary plenary sessions convened by the President of trade or at the request of half of the magistrates.
3. The quorum for each plenary session shall be two-thirds of the magistrates.
4. Except where otherwise provided in the Staff Regulations or Rules, decisions shall be taken by a majority of the magistrates present in the plenary sessions. In the event of a tie in a vote, the President or the magistrate acting in his place will cast the decisive vote.
5. The Regulation will be adopted as soon as possible in plenary session.
Rule 5. Solemn promise in accordance with Article 45.
1. In accordance with Article 45 and before taking up duties under the Staff Regulations, the following solemn pledge shall be made:
a) In the case of the magistrates:
" I solemnly promise that I will perform my duties and exercise my powers as a magistrate of the International Criminal Court in an honorable, faithful, impartial and fully conscious manner and respect the confidential nature of the investigations and prosecution, as well as the secrecy of the deliberations. ";
b) In the case of the prosecutor, the assistant prosecutors, the secretary and the assistant secretary of the Court:
" I solemnly promise that I will perform my duties and exercise my powers as the (office) of the International Criminal Court in an honorable, faithful, impartial and fully conscious manner and respect the confidential nature of the investigations and processing. "
2. The pledge, signed by whoever makes it and with the testimony of the President or a Vice President of the Bureau of the Assembly of the States Parties, will be deposited with the Secretariat and will be part of the Court's archives.
Rule 6. Solemn promise of the staff of the Prosecutor's Office and the Secretariat and of the interpreters and translators.
1. Upon taking office, the officials of the Prosecutor's Office and the Secretariat will make the following promise:
" I solemnly promise that I will perform my duties and exercise my powers as the (office) of the International Criminal Court in an honorable, fair and impartial manner and in full conscience and respect the confidential nature of the investigations and processing. "
The promise, signed by whoever makes it and with the testimony, as appropriate, of the prosecutor, the deputy prosecutor, the secretary or the assistant secretary, shall be deposited with the Secretariat and shall form part of the files of the Court.
2. Before you take office, each interpreter or translator will make the following promise:
"I solemnly declare that I will perform my duties faithfully and impartially and with full respect for the duty of confidentiality."
The promise, signed by whoever makes it and with the testimony of the President of the Court or its representative, will be deposited with the Secretariat and will be part of the Court's files.
Rule 7. Single magistrate, in accordance with paragraph 2 (b) (iii) of Article 39.
1. The Preliminary Questions Room, when appointing a magistrate as a single magistrate in accordance with paragraph 2 (b) (iii) of Article 39, shall do so on the basis of previously established objective criteria.
2. The appointed magistrate shall take the relevant decisions on the matters for which neither the Staff Regulations nor the Rules expressly provide for the full Chamber to do so.
3. The Chamber of Preliminary Questions, of its own motion or, as appropriate, at the request of a party, may decide that the Chamber in full exercise the functions of the single magistrate.
Rule 8. Code of professional conduct.
1. The Presidency, on a proposal from the Secretary and after consulting the Prosecutor, will draft a draft code of professional conduct of the lawyers. When preparing the proposal, the Secretary shall proceed to the consultations provided for in Rule 20 sub-rule 3.
2. The draft code shall then be transmitted to the Assembly of the States Parties for approval in accordance with paragraph 7 of Article 112.
3. The Code shall contain provisions relating to its amendment.
Section II. The Prosecutor's Office
Rule 9. Operation of the Prosecutor's Office.
In the performance of its functions of administration and administration of the Office of the Prosecutor General, the Prosecutor will dictate regulations for the operation of the Prosecutor's Office. When preparing or amending such regulations, the Prosecutor shall consult the Registrar on any matter which may affect the functioning of the Secretariat.
Rule 10. Conservation of information and evidence.
The Prosecutor will be in charge of the conservation, archiving and security of the information and material evidence obtained in the course of the investigations of the Prosecutor General's Office and to ensure their safety.
Rule 11. Delegation of the duties of the Prosecutor.
The Prosecutor or an Assistant Prosecutor may authorize the officials of the Office of the Prosecutor General, except those referred to in paragraph 4 of Article 44, to represent him in the performance of his duties, with the exception of The powers of the Prosecutor referred to in the Staff Regulations, inter alia those described in Articles 15 and 53.
Section III. The Secretariat
Subsection 1. General provisions relating to the Secretariat
Rule 12. Election of the Secretary and the Assistant Secretary and conditions to be met.
1. Immediately after his election, the Presidency shall prepare a list of candidates who meet the conditions set out in paragraph 3 of Article 43 and shall forward it to the Assembly of the States Parties, to which it shall ask for its recommendations.
2. Upon receipt of the recommendations of the Assembly of the States Parties, the President shall transmit without delay the list and recommendations to the Court meeting in plenary session.
3. In accordance with Article 43, paragraph 4, the Court, meeting in plenary session, shall elect the Secretary by an absolute majority of votes as soon as possible, taking into account the recommendations of the Assembly of the States Parties. If no candidate wins the absolute majority on the first ballot, successive votes shall be taken until one of the candidates obtains the absolute majority of votes.
4. If it is necessary to appoint an Assistant Secretary, the Secretary may make a recommendation to the President. The President shall convene the Court in plenary session to decide the matter. If the Court, meeting in plenary session, decides by an absolute majority of votes to elect an Assistant Secretary, the Registrar shall present to the Court a list of candidates.
5. The Assistant Secretary shall be elected by the Court in plenary in the same manner as the Registrar.
Rule 13. Duties of the Registrar.
1. Without prejudice to the powers conferred on the Prosecutor's Office by the Statute to receive, obtain and supply information and establish communication channels for this purpose, the Registrar shall act as a conduit for communication of the Cut.
2. The Secretary shall be in charge in addition to the internal security of the Court in consultation with the Presidency and the Prosecutor, as well as with the Host State.
Rule 14. Operation of the Secretariat.
1. In the performance of his functions of organization and administration, the Secretary shall dictate regulations for the operation of the Secretariat. When preparing or amending those instructions, the Secretary shall consult the Prosecutor on any matter that may affect the operation of the Prosecutor's Office. The instructions will be approved by the Presidency.
2. The instructions shall contain provisions for the defence counsel to have access to the administrative assistance of the appropriate Secretariat and to be reasonable.
Rule 15. Records.
1. The Registrar shall maintain a database with all the details of each case submitted to the Court, subject to the order of a magistrate or a Chamber where a document or information and data protection are not disclosed. confidential personal. The information contained in the databases will be available to the public in the working languages of the Court.
2. The Registrar shall also bear the other records of the Court.
Subsection 2. Dependency on Victims and Witnesses
Rule 16. Obligations of the Registrar in relation to victims and witnesses.
1. In relation to the victims, the Registrar shall be responsible for the performance of the following tasks in accordance with the Staff Regulations and these Rules:
a) Send notices or notifications to victims or their legal representatives;
b) Help them obtain legal advice and organise their representation and provide their legal representatives with adequate support, assistance and information, including services that may be necessary for performance direct of their duties, with a view to protecting their rights at all stages of the procedure in accordance with Rules 89 to 91;
c) Help them participate in the different phases of the procedure, according to rules 89 to 91;
d) Adopt measures that take into account gender issues in order to facilitate the participation of victims of sexual violence at all stages of the procedure.
2. With respect to the victims, witnesses and other persons who are in danger because of the testimony given by those witnesses, the Registrar shall perform the following functions in accordance with the Staff Regulations and these Rules:
(a) Inform them of the rights they are entitled to in accordance with the Statute and Rules and the existence, functions and availability of the Victim and Witness Dependence;
b) Ensure that they have timely knowledge, subject to the provisions concerning confidentiality, of the decisions of the Court that may affect their interests.
3. For the purpose of carrying out his duties, the Registrar may take a special register of the victims who have communicated their intention to participate in a given cause.
4. The Registrar may negotiate with the States, on behalf of the Court, agreements relating to the installation in the territory of a State of traumatised or threatened victims, witnesses or other persons who are in danger because of the testimony given by those witnesses and the provision of support services to those persons. These agreements may be confidential.
Rule 17. Functions of the Dependency.
1. The Dependency of Victims and Witnesses shall perform their duties in accordance with paragraph 6 of Article 43.
2. The Dependency on Victims and Witnesses shall, inter alia, carry out the duties indicated below in accordance with the Staff Regulations and Rules and, as appropriate, in consultation with the Chamber, the Prosecutor and the Defense:
(a) With respect to all witnesses, victims who appear before the Court and other persons who are in danger because of the testimony given by those witnesses, in accordance with their needs and circumstances special:
i) Take appropriate measures for their protection and security and formulate long and short term plans to protect them;
(ii) Recommend to the Court's organs the adoption of protective measures and shall also communicate them to the appropriate States;
iii) Help them get medical, psychological or other appropriate assistance;
iv) Make available to the Court and the parties training in matters of trauma, sexual violence, security and confidentiality;
v) He will recommend, in consultation with the Prosecutor General's Office, the elaboration of a code of conduct in which the fundamental character of security and confidentiality is highlighted for the investigators of the Court and the defense and for all intergovernmental or non-governmental organizations acting upon request of the Court, as appropriate;
vi) Cooperate with States, as necessary, to take any of the measures set forth in this Rule;
b) With respect to witnesses:
i) advise you on how to obtain legal advice to protect your rights, in particular in relation to your testimony;
(ii) assist them when they have to testify before the Court;
iii) Take action to take gender issues into account to facilitate the testimony of victims of sexual violence at all stages of the procedure.
3. The Office shall, in the exercise of its duties, take due account of the special needs of children, persons and persons with disabilities. In order to facilitate the participation and protection of children as witnesses, they may, as appropriate and after the consent of the parents or the guardian, provide them with assistance during all stages of the procedure.
Rule 18. Obligations of the Dependence.
The Dependency of Victims and Witnesses, for the purpose of efficient and effective performance of their functions:
a) Velara why its officials safeguard confidentiality at all times;
b) Recognizing the special interests of the Prosecutor's Office, the defence and the witnesses, shall respect the interests of the witnesses, including, if necessary, maintaining an appropriate separation between the services for the witnesses of charge and discharge and act impartially in cooperating with all parties and in accordance with the orders and decisions of the Chambers;
(c) Administrative and technical assistance shall be made available to witnesses, victims who appear before the Court and other persons who are in danger because of the testimony given by these witnesses at all stages of the the procedure and, hereinafter, as reasonably appropriate;
d) Make training for its officials with respect to the safety, integrity and dignity of victims and witnesses, including issues related to cultural sensitivity and issues of gender;
e) When appropriate, it will cooperate with intergovernmental and non-governmental organizations.
Rule 19. Experts of the Dependence.
In addition to the officials referred to in paragraph 6 of Article 43, and subject to the provisions of Article 44, the Dependence of Victims and Witnesses may be integrated, as appropriate, by persons who are experts in the The following subjects, inter alia:
a) Witness protection and security;
b) Legal and administrative matters, including issues of humanitarian law and criminal law;
c) Logistics administration;
d) Psychology in criminal proceedings;
e) Gender and cultural diversity;
f) Children, particularly traumatised children;
g) People of age, particularly in relation to trauma caused by armed conflict and exile;
h) People with disabilities;
i) Social assistance and counselling;
j) Health care;
k) Interpretation and translation.
Subsection 3. Defense lawyers
Rule 20. Obligations of the Secretary in relation to the rights of the defence.
1. In accordance with paragraph 1 of Article 43, the Secretary shall organise the staff of the Secretariat in such a way as to promote the rights of the defence in a manner compatible with the principle of impartial judgment as defined in the Staff Regulations. To this effect the Secretary, among other things:
(a) Facilitate the protection of confidentiality as defined in paragraph 1 (b) of Article 67;
(b) Provide support and assistance and provide information to all defense attorneys who appear before the Court and, as appropriate, support professional investigators that are necessary for efficient defense and effective;
(c) Provide assistance to detainees, persons to whom paragraph 2 of Article 55 applies, and to defendants in obtaining legal counsel and assistance from a defense lawyer;
(d) Provide advice to the Prosecutor and the Chambers, as necessary, in respect of matters relating to the defence;
e) Provide the defence with the appropriate means that are directly necessary for the exercise of its functions;
f) Facilitate the dissemination of information and the Court's case law to the defence lawyer and, as appropriate, cooperate with lawyers ' associations, national defence associations or the independent representative body of Law associations or associations of law referred to in sub-rule 3 to promote the specialization and formation of lawyers in the law of the Statute and the Rules.
2. The Secretary shall perform the duties provided for in sub-rule 1, including the financial administration of the Secretariat, in such a way as to ensure the professional independence of the defence lawyers.
3. For the purposes of managing judicial assistance in accordance with Rule 21 and the formulation of a code of professional conduct in accordance with Rule 8, the Registrar shall, as appropriate, consult a representative body. independent of lawyers ' colleges or legal associations, including any organ whose establishment is provided by the Assembly of the States Parties.
Rule 21. Assignment of legal assistance.
1. In accordance with Article 55 (2) (c) and Article 67 (1) (d), the criteria and procedures for the allocation of legal assistance shall be set out in the Rules of Procedure on the basis of a proposal from the Secretary after consultation with him. independent representative body of legal or legal associations referred to in Rule 20 sub-rule 3.
2. The Secretary shall draw up and maintain a list of lawyers meeting the criteria set out in Rule 22 and in the Rules of Procedure. A lawyer may be freely chosen from this list or other lawyer who meets the required criteria and is willing to be included in the list.
3. The Presidency may be asked to review the decision not to give rise to the request for the appointment of a lawyer. The Presidency's decision will be final. If the application is not made, the Secretary may be presented with a new one on the grounds of a change in circumstances.
4. Whoever chooses to represent himself will notify the Secretary in writing at the earliest opportunity.
5. Where someone has insufficient means to pay for the legal assistance and is determined subsequently that this was not the case, the Chamber that substantiates the cause at that time may issue an order for the cost of the benefit to be reintegrated of legal advice.
Rule 22. Appointment of defence lawyers and conditions to be met.
1. Defence lawyers shall have recognised competence in international law or in law and criminal proceedings, as well as the necessary relevant experience, whether as a judge, prosecutor, lawyer or other similar function in criminal proceedings. They will have excellent knowledge and mastery of at least one of the Court's working languages. They may be assisted by other persons, including teachers of law, who have the necessary expertise.
2. Lawyers hired by a person exercising their right to appoint a defence lawyer of their choice under the Staff Regulations shall place their sponsorship and power at the first possible opportunity before the Secretary.
3. In the performance of their duties, the defense attorneys shall be subject to the Staff Regulations, Rules, Rules of Procedure, the professional code of conduct of the attorneys approved in accordance with Rule 8 and the other documents approved by the Court. which may be relevant to the performance of their duties.
Section IV. Situations that may affect the operation of the Court
Subsection 1. Separation of charge and disciplinary measures
Rule 23. General principle.
The magistrates, the prosecutor, the assistant prosecutors, the secretary and the assistant secretary shall be separated from the position or subject to disciplinary action in the cases and with the guarantees provided for in the Staff Regulations and Rules.
Rule 24. Definition of serious misconduct and serious failure to perform functions.
1. For the purposes of Article 46 (1) (a), "serious misconduct" shall be deemed to be all acts:
(a) committed in the exercise of the office, which is incompatible with official functions and which causes or may cause serious prejudice to the correct administration of justice to the Court or to the internal functioning of the Court, as:
i) Reveal facts or data of which knowledge has been known in the exercise of the functions or on subjects that are sub judice, when this is in serious detriment to the actions of the court or any person;
ii) Hide information or circumstances of a sufficiently serious nature to prevent you from taking office;
iii) Abusing the judicial charge to obtain an unjustified favorable treatment of authorities, officials or professionals; or
(b) committed on the margins of official functions, which is of a serious nature and causes or may cause harm to the good name of the Court.
2. For the purposes of Article 46 (1) (a), there is a 'serious breach' where a person has committed gross negligence in the performance of his duties or, knowingly, has contravened these functions. In particular, they may be included in situations where:
a) Do not notice the duty to request waivers knowing that there are grounds for it;
(b) An unjustified delay in the initiation, processing or resolution of the causes or in the exercise of judicial powers is repeatedly caused.
Rule 25. Definition of less severe missing.
1. For the purposes of Article 47, "less serious misconduct" shall be deemed to be "less serious" than:
(a) In the performance of official functions, cause or may cause prejudice to the correct administration of justice to the Court or to the internal functioning of the Court, such as:
i) Interfering in the exercise of the functions of one of the persons referred to in Article 47;
(ii) Failure to comply or repeatedly disregard requests made by the presiding magistrate or by the Presidency in the exercise of its legitimate authority;
iii) Do not apply disciplinary measures corresponding to the Secretary, an Assistant Secretary or other Court officials when a magistrate knows or must know that they have incurred serious non-compliance; or
b) If it does not occur in the performance of official functions, it causes or may cause prejudice to the good name of the Court.
2. Nothing in this rule excludes the possibility that the conduct referred to in sub-rule 1 (a) constitutes "serious misconduct" or "gross non-compliance" for the purposes of paragraph 1 (a) of Article 46.
Rule 26. Reporting of complaints.
1. For the purposes of Article 46 (1) and Article 47, the complaint relating to a conduct defined in Rules 24 and 25 shall state the reasons, the identity of the complainant and the relevant evidence, if any. The complaint shall be confidential.
2. The complaint shall be communicated to the Presidency, which may also initiate proceedings of its own motion and which, in accordance with the Rules of Procedure, shall dismiss the anonymous or manifestly unfounded complaints and shall forward the remaining complaints to the competent body. In this task, the Presidency will have the collaboration of one or more magistrates, appointed according to an automatic rotation in accordance with the Rules of Procedure.
Rule 27. Common provisions on the rights of the defence.
1. Where consideration is given to the possibility of the separation of the charge, in accordance with Article 46, or to the application of disciplinary measures, in accordance with Article 47, the holder of the charge shall be notified in writing.
2. The holder of the post shall have full opportunity to present and obtain evidence, to submit written submissions and to answer questions.
3. The holder of the charge may be represented by a lawyer during the procedure initiated in accordance with this rule.
Rule 28. Suspension in office.
The holder of a charge who is the subject of a sufficiently serious complaint may be suspended in the exercise of that charge until a final decision is taken by the competent body.
Rule 29. Procedure in case of a request for separation from office.
1. In the case of a magistrate, the secretary or the assistant secretary, the question of the separation of office shall be put to a vote in plenary.
2. The Presidency shall transmit in writing to the President of the Bureau of the Assembly of the States Parties the recommendation adopted in the case of a magistrate and the decision taken in the case of the secretary or an assistant secretary.
3. In the case of a Deputy Prosecutor, the Prosecutor shall transmit in writing to the President of the Bureau of the Assembly of the States Parties the recommendation he makes.
4. If it is found that the conduct is not a matter of serious misconduct or serious non-compliance, it may be decided, in accordance with Article 47, that the holder of the charge has incurred less serious misconduct and impose a disciplinary measure.
Rule 30. Procedure in case of application for the adoption of disciplinary measures.
1. In the case of a magistrate, the secretary or an assistant secretary, the decision to impose a disciplinary measure shall be taken by the Presidency.
2. In the case of the Prosecutor, the decision to impose a disciplinary measure shall be taken by an absolute majority of the Bureau of the Assembly of the States Parties.
3. In the case of an assistant prosecutor:
(a) The decision to impose an admonition shall be taken by the Prosecutor;
(b) The decision to impose a financial penalty shall be taken by an absolute majority of the Bureau of the Assembly of the States Parties, upon recommendation of the Prosecutor.
4. The warnings shall be entered in writing and forwarded to the President of the Bureau of the Assembly of the States Parties.
Rule 31. Separation from office.
The decision to separate from the post, once adopted, will be effective immediately. The sanction will cease to be a part of the Court, even with respect to the causes in which it was involved.
Rule 32. Disciplinary measures.
The disciplinary measures that may be imposed are as follows:
a) Amonstation; or
(b) A pecuniary sanction which shall not exceed six months of the salary in the Court for the holder of the charge.
Subsection 2. Waiver, recusal, death and resignation
Rule 33. Waiver from a magistrate, prosecutor or deputy prosecutor.
1. A magistrate, the prosecutor or an assistant prosecutor who wishes to be dispensed with a function shall submit a written request to the Presidency stating the reasons for the waiver.
2. The Presidency shall preserve the confidential nature of the request and shall not publicly disclose the reasons for its decision without the consent of the person who submitted the request.
Rule 34. Recusal of a magistrate, prosecutor or deputy prosecutor.
1. In addition to those set out in the second paragraph of Article 41 and paragraph 7 of Article 42, the following shall be caused by a magistrate, the prosecutor or the deputy prosecutor, among others:
(a) Having a personal interest in the case, such as a marital, parental or other close relationship, personal or professional, or a relationship of subordination to any of the parties;
b) Having participated, in a personal capacity and before taking office, in any judicial proceedings initiated prior to their participation in the cause or initiated by him subsequently in which the person under investigation or the prosecution has been or is one of the counterparties;
(c) Having performed duties, before taking office, in the exercise of which it would be possible to provide an opinion on the cause in question, on the parties or on their representatives who, objectively, could redundro of the required impartiality;
(d) to have expressed opinions, through the media, in writing or in public events which, objectively, could be in the way of the required impartiality.
2. Subject to the provisions of Article 41 (2) and Article 42 (8), the request for recusal shall be made in writing as soon as the reasons on which it is based are known. The request, which shall be reasoned and accompanied by the relevant evidence, shall be forwarded to the holder of the charge, who may make observations in writing.
3. Questions relating to the recusal of the prosecutor or an assistant prosecutor will be settled by a majority of the magistrates of the Appeals Chamber.
Rule 35. Obligation of a magistrate, the prosecutor or an assistant prosecutor to request the waiver.
The magistrate, prosecutor or deputy prosecutor who has reason to believe that there is a claim of recusal in his respect shall submit a request for waiver and shall not wait until the recusal is requested in accordance with paragraph 2 of the Article 41 or paragraph 7 of Article 42 and Rule 34. The request shall be made and processed by the Presidency in accordance with Rule 33.
Rule 36. Death of a magistrate, the prosecutor, an assistant prosecutor, the secretary or the assistant secretary.
The Presidency shall communicate in writing to the President of the Bureau of the Assembly of the States Parties the death of a magistrate, the prosecutor, an assistant prosecutor, the secretary or the assistant secretary.
Rule 37. Resignation of a magistrate, the prosecutor, an assistant prosecutor, the secretary or the assistant secretary.
1. The magistrate, prosecutor, deputy prosecutor, secretary or assistant secretary shall communicate in writing his decision to resign from the Presidency, which shall inform the President of the Bureau of the Assembly of the States Parties in writing.
2. The magistrate, prosecutor, deputy prosecutor, secretary or assistant secretary shall endeavour to give notice, at least six months in advance, of the date on which his resignation shall enter into force. Before his resignation comes into force, the magistrate will do his utmost to fulfil his outstanding duties.
Subsection 3. Replacements and alternate magistrates
Rule 38. Substitutions.
1. A magistrate may be replaced for objective and justified reasons, including:
a) Dimission;
b) Accepted Dispensa;
c) Recusing;
d) Separation of the charge;
e) Death.
2. The replacement shall be carried out in accordance with the procedure laid down in the Staff Regulations, Rules and Regulations.
Rule 39. Substitute magistrates.
The alternate magistrate assigned by the Presidency to a Chamber of First Instance in accordance with paragraph 1 of Article 74 shall attend all proceedings and deliberations of the case, but may not participate in it or exercise none of the functions of the members of the Chamber who are aware of it, unless it is necessary to replace a member of the Chamber who cannot continue to be present. Alternate magistrates shall be appointed in accordance with a procedure previously established by the Court.
Section V. Publication, languages and translation
Rule 40. Publication of decisions in the official languages of the Court.
1. For the purposes of Article 50, paragraph 1, the following decisions shall be deemed to address fundamental questions:
a) All decisions of the Appeals Section;
(b) All decisions of the Court in respect of its jurisdiction or the admissibility of a cause in accordance with Articles 17, 18, 19 and 20;
(c) All decisions of a Chamber of First Instance concerning the guilt or innocence, the conviction and the reparation to be made to the victims in accordance with Articles 74, 75 and 76;
(d) All decisions of a Preliminary Question Room in accordance with paragraph 3 (d) of Article 57;
2. Decisions on the confirmation of charges pursuant to paragraph 7 of Article 61 and on offences against the administration of justice in accordance with paragraph 3 of Article 70 shall be published in all official languages of the European Union. the Court when the Presidency determines that they address fundamental issues.
3. The Presidency may decide to publish other decisions in official languages when dealing with important issues relating to the interpretation or application of the Staff Regulations or to an important issue of general interest.
Rule 41. Working languages of the Court.
1. For the purposes of paragraph 2 of Article 50, the Presidency shall authorise the use as a working language of the Court of an official language when:
a) That language be understood and spoken by the majority of those who participate in a cause to be known to the Court and be requested by one of the participants in the proceedings; or
b) What is requested by the Prosecutor and the defense.
2. The Presidency may authorise the use of an official language of the Court as a working language if it considers that this would give greater efficiency to the actions.
Rule 42. Translation and interpreting services.
The Court shall adopt provisions to provide the necessary translation and interpretation services for the fulfilment of its obligations under the Staff Regulations and these Rules.
Rule 43. Procedure applicable to the publication of the Court documents.
The Court shall ensure that in all documents to be published in accordance with the Statute and these Rules, the obligation to protect the confidentiality of the actions and the security of the victims and witnesses.
CHAPTER 3
Competition and admissibility
Section I. Statements and referrals relating to Articles 11, 12, 13 and 14
Rule 44. Declaration provided for in paragraph 3 of Article 12.
1. The Registrar may, at the request of the Prosecutor, ask a State which is not a Party to the Statute or which has become a Party to it after its entry into force, on a confidential basis, if it intends to make the declaration provided for in paragraph 3 of the Article 12.
2. Where a State submits to the Registrar, or informs it of its intention to present it, a declaration pursuant to Article 12 (3) or when the Secretary is acting in accordance with the provisions of sub-rule 1, the Secretary shall inform the State in the question that the declaration made pursuant to Article 12 (3) has as a consequence the acceptance of the jurisdiction in respect of the crimes referred to in Article 5 to which the situation corresponds and the provisions of Part IX, as well as the rules for that Party which refer to the States Parties.
Rule 45. Referral of a situation to the Prosecutor.
The referral of a situation to the Prosecutor will be made in writing.
Section II. Initiation of an investigation pursuant to Article 15
Rule 46. Information provided to the Prosecutor in accordance with paragraphs 1 and 2 of Article 15.
When information is presented in accordance with paragraph 1 of Article 15 or when oral or written testimony is received at the Court's headquarters in accordance with the second paragraph of Article 15, the Prosecutor shall protect the confidentiality of such information. information and testimony or take all other measures necessary in accordance with their duties under the Staff Regulations.
Rule 47. Testimony pursuant to paragraph 2 of Article 15.
1. The provisions of Rules 111 and 112 shall apply mutatis mutandis to the testimony received by the Prosecutor in accordance with paragraph 2 of Article 15.
2. The Prosecutor, when he considers that there is a serious risk that the testimony may not be given up later, may ask the Preliminary Chamber of Questions to take the necessary measures to ensure the effectiveness and integrity of the of the proceedings and, in particular, to appoint a lawyer or a magistrate of the Preliminary Chamber of Questions to be present when the testimony is taken to protect the rights of the defence. If the evidence is subsequently submitted in the proceedings, its admissibility shall be governed by paragraph 4 of Article 69 and its probative value shall be determined by the competent Chamber.
Rule 48. Determination of sufficient basis for the opening of an investigation in accordance with paragraph 3 of Article 15.
The Prosecutor, when determining whether there is sufficient basis for opening an investigation pursuant to paragraph 3 of Article 15, shall take into account the factors referred to in paragraph 1 (a) to (c) of Article 53.
Rule 49. Decision and information pursuant to paragraph 6 of Article 15.
1. The Public Prosecutor shall ensure promptly that the decisions taken pursuant to Article 15, paragraph 6 are informed, together with the reasons for which they are due, in such a way as to avoid any danger to the safety, well-being and privacy of the who have provided information to you in accordance with Article 15, paragraphs 1 and 2 or for the integrity of investigations or actions.
2. The notification shall also indicate the possibility of submitting additional information on the same situation where new facts or evidence are available.
Rule 50. Procedure for the Preliminary Question Room to authorize the initiation of the investigation.
1. The Prosecutor, when he intends to obtain authorization from the Preliminary Questions Chamber to initiate an investigation pursuant to the third paragraph of Article 15, shall inform the victims of those who he or the Dependence of Victims and Witnesses have knowledge or legal representatives, unless they decide that this may endanger the integrity of the investigation or the life or welfare of the victims and witnesses. The Prosecutor may also use general means in order to give notice to groups of victims if he concludes that, in the special circumstances of the case, this would not endanger the integrity or the effective realization of the the investigation and the safety and welfare of the victims or witnesses. The Prosecutor, in exercise of these duties, may seek assistance from the Victim and Witness Dependence as appropriate.
2. The application for authorisation of the Prosecutor shall be made in writing.
3. After the information provided in accordance with sub-rule 1, victims may submit written observations to the Preliminary Questions Room within the time limit set out in the Regulation.
4. The Preliminary Questions Room, when deciding which procedure to follow, may request additional information from the Prosecutor and any of the victims who have submitted observations and, if deemed appropriate, may hold a hearing.
5. The Preliminary Ruling Chamber shall give a decision, which shall be reasoned, as to whether it authorizes in whole or in part the request of the Prosecutor to initiate an investigation pursuant to Article 15, paragraph 4. The Chamber shall notify the decision to the victims who have made observations.
6. The above procedure shall also apply in cases where a new application pursuant to Article 15, paragraph 5, is submitted to the Chamber of Preliminary Questions.
Section III. Preliminary rulings and decisions pursuant to Articles 17, 18 and 19
Rule 51. Information submitted in accordance with Article 17.
The Court, when examining the questions referred to in paragraph 2 of Article 17 and in the context of the circumstances of the case, may take into account, among other things, the information that the State Article 17, paragraph 1, states that its courts meet the international standards and standards recognized for the independent and impartial prosecution of similar conduct or that the State has confirmed in writing to the Prosecutor that the case is being investigated or has resulted in a prosecution.
Rule 52. Notification provided for in paragraph 1 of Article 18.
1. Subject to the limitations laid down in Article 18 (1), the notification shall contain information on acts which may constitute the crimes referred to in Article 5 and which is relevant for the purposes of paragraph 2 of the Article 18.
2. A State may request additional information from the Prosecutor to apply Article 18, paragraph 2. That request shall not change the one-month period provided for in paragraph 2 of Article 18 and shall be answered in an expeditious manner by the Prosecutor.
Rule 53. Inhibition of the Prosecutor according to paragraph 2 of Article 18.
The State requesting an inhibition pursuant to paragraph 2 of Article 18 shall do so in writing and, taking into account that provision, provide information regarding the investigation into which it is proceeding. The Prosecutor may obtain additional information from that State.
Rule 54. Request of the Prosecutor in accordance with paragraph 2 of Article 18.
1. The request made by the Prosecutor to the Chamber of Preliminary Questions pursuant to paragraph 2 of Article 18 shall be made in writing and shall state its grounds. The Prosecutor shall communicate to the Preliminary Questions Room the information provided by the State in accordance with Rule 53.
2. The Prosecutor shall inform that State in writing when it submits a request to the Preliminary Questions Room in accordance with paragraph 2 of Article 18 and shall include a summary of the basis of the request.
Rule 55. Actions relating to paragraph 2 of Article 18.
1. The preliminary ruling room shall decide which procedure to follow and may take appropriate measures for the proper substantiation of the proceedings. A hearing may be held.
2. The Preliminary Questions Chamber shall examine the request of the Prosecutor and the observations submitted by the State which has requested the inhibition pursuant to Article 18, paragraph 2, and shall take into account the factors referred to in Article 17. decide whether to authorize an investigation.
3. The decision of the Preliminary Questions Room and its fundamentals shall be communicated as soon as possible to the Prosecutor and to the State that has requested the inhibition.
Rule 56. Request of the Prosecutor following the examination made pursuant to paragraph 3 of Article 18.
1. The Prosecutor, after examination as referred to in paragraph 3 of Article 18, may ask the Chamber of Preliminary Questions to authorize the investigation in accordance with the provisions of paragraph 2 of that Article. The request to the Preliminary Questions Room shall be made in writing and shall state its grounds.
2. The Prosecutor shall communicate to the Preliminary Questions Room any additional information provided by the State in accordance with paragraph 5 of Article 18.
3. The actions will be substantiated in accordance with Rule 54 sub-rule 2 and Rule 55.
Rule 57. Provisional measures pursuant to paragraph 6 of Article 18.
The request made by the Prosecutor to the Chamber of Preliminary Questions in the circumstances referred to in paragraph 6 of Article 18 shall be examined ex parte and behind closed doors. The Preliminary Questions Room shall be delivered in an expeditious manner in respect of the request.
Rule 58. Actions pursuant to Article 19.
1. The request made pursuant to Article 19 shall be made in writing and shall state its grounds.
2. The Chamber to which an objection is filed or a matter relating to its jurisdiction or the admissibility of a case pursuant to Article 19 (2) or (3) or which is acting on its own initiative in accordance with paragraph 1 of that Article shall decide that: The procedure shall be followed and may take the measures corresponding to the proper substantiation of the proceedings. The Chamber may hold a hearing. It may postpone the consideration of the challenge or the question to the proceedings of confirmation of the charges or until the trial, provided that this does not cause undue delay, and in such case it must first consider the challenge or the issue and take a decision on this.
3. The Court shall transmit the request received pursuant to sub-rule 2 to the Prosecutor and the person referred to in paragraph 2 of Article 19 which has been submitted to the Court or has appeared voluntarily or in response to a summons and allow the submission of comments in writing within the time limit set by the Chamber.
4. The Court shall act in the first place with regard to disputes or questions of jurisdiction and, then, in respect of disputes or questions of admissibility.
Rule 59. Participation in the actions in accordance with paragraph 3 of Article 19.
1. The Registrar shall, for the purposes of paragraph 3 of Article 19, report any questions or challenges of competence or admissibility raised in accordance with paragraphs 1, 2 and 3 of Article 19 to:
(a) Those who have submitted a situation in accordance with Article 13;
b) Victims who have already contacted the Court in connection with that cause or their legal representatives.
2. The Registrar shall provide those referred to in sub-rule 1, in a manner consistent with the Court's obligations in respect of the confidential nature of information, the protection of persons and the preservation of evidence, a summary of the causes for which the jurisdiction of the Court has been challenged or the admissibility of the case.
3. Those who receive the information in accordance with sub-rule 1 may submit written observations to the competent Chamber within the time limit it considers appropriate.
Rule 60. Body competent to receive the challenges.
The challenge of the jurisdiction of the Court or the admissibility of the case filed after the confirmed charges, but before the Chamber of First Instance has been constituted or appointed, will be addressed to the Presidency, which shall forward it to the Chamber of First Instance as soon as it has been constituted or designated in accordance with Rule 130.
Rule 61. Provisional measures pursuant to Article 19, paragraph 8.
When the Prosecutor makes a request to the competent Chamber in the circumstances referred to in paragraph 8 of Article 19, Rule 57 shall apply.
Rule 62. Actions pursuant to paragraph 10 of Article 19.
1. The Prosecutor, if he submits a request pursuant to Article 19, paragraph 10, shall address it to the Chamber which has been given a final decision on admissibility. Rules 58, 59 and 61 shall apply.
2. The State or States whose challenge of admissibility pursuant to paragraph 2 of Article 19 has given rise to the inadmissibility decision referred to in paragraph 10 of that Article shall be notified of the request of the Prosecutor and shall be set a deadline for submitting their comments.
CHAPTER 4
Provisions regarding various stages of the procedure
Section I. Test
Rule 63. General provisions concerning the test.
1. The probative rules set out in this Chapter, together with Article 69, shall apply in the case of proceedings which are substantial before all the Chambers.
2. The Chamber, in accordance with paragraph 9 of Article 64, shall have the discretion to freely assess all the evidence submitted in order to determine its relevance or admissibility pursuant to Article 69.
3. The Chamber shall decide on the questions of admissibility based on the grounds set out in Article 69, paragraph 7, which it considers to be one of the parties or itself of its own motion in accordance with paragraph 9 (a) of Article 64.
4. Without prejudice to the provisions of paragraph 3 of Article 66, the Chamber shall not require corroboration of the evidence to prove any of the crimes of the jurisdiction of the Court, in particular those of sexual violence.
5. The Chambers shall not apply the rules of internal law relating to the test, unless they do so in accordance with Article 21.
Rule 64. Procedure concerning the relevance or admissibility of the test.
1. Questions of relevance or admissibility must be raised at the time when the evidence is presented to one of the Chambers. Exceptionally, they may be considered immediately after the case is known to be of a lack of relevance or inadmissibility where the evidence has not been known at the time the test has been submitted. The Chamber may request that the question be raised in writing. The Court will transmit the letter to all who participate in the process, unless it decides otherwise.
2. The Chamber shall set out the reasons for its opinions on test questions. Such reasons shall be recorded in the case file if they have not been recorded during the trial in accordance with paragraph 10 of Article 64 and sub-rule 1 of Rule 137.
3. The Chamber shall not take into account any evidence which it declares not relevant or inadmissible.
Rule 65. Obligation on witnesses to provide a statement.
1. Unless otherwise provided in the Staff Regulations and Rules, in particular Rules 73, 74 and 75, the Court may require the witness to appear before her to make a statement.
2. Rule 171 shall apply to the witness who appears before the Court and is obliged to provide a declaration of conformity with sub-rule 1.
Rule 66. Solemn promise.
1. Subject to the provisions of sub-rule 2, witnesses shall, in accordance with paragraph 1 of Article 69, make the following solemn undertaking before giving their testimony:
"I solemnly declare that I will tell the truth, the whole truth and nothing but the truth."
2. The Chamber may authorize to testify without this solemn promise to the under 18 years of age or to the person whose capacity for judgment is diminished and who, in his opinion, does not understand the nature of a solemn promise when he considers that person is able to account for facts from which he is in knowledge and understands the meaning of the obligation to tell the truth.
3. Before the start of the declaration, the witness shall be informed of the offence referred to in paragraph 1 (a) of Article 70.
Rule 67. Testimony provided in person by means of audio or video.
1. In accordance with paragraph 2 of Article 69, the Chamber may allow a witness to testify orally by means of audio or video, provided that such means allow the witness to be questioned by the Prosecutor, by the defence and by the Chamber, at the time of its testimony.
2. The questioning of a witness under this rule shall take place in accordance with the provisions of the relevant rules of this Chapter.
3. The Chamber, with the assistance of the Secretariat, shall ensure that the place chosen to provide the testimony by means of audio or video is conducive for the testimony to be truthful and open and for security, physical and psychological well-being, dignity and privacy of the witness.
Rule 68. Previously recorded testimony.
Where the preliminary ruling chamber has not adopted measures pursuant to Article 56, the Chamber of First Instance may, in accordance with the second paragraph of Article 69, allow recorded testimony to be given previously in audio or video or the transcript of that testimony or other document serving as proof of it, provided that:
(a) If the witness who provided the recorded testimony is not present in the Chamber of First Instance, both the Prosecutor and the defence have had occasion to question him in the course of the recording; or
(b) If the witness who gave the recorded testimony is present in the Chamber of First Instance, do not object to the presentation of that testimony, and the Prosecutor, the defence and the Chamber have the opportunity to question him in the course of the process.
Rule 69. Agreements as to the test.
The Prosecutor and the defense may agree that an alleged fact that consists in the charges, in the contents of a document, in the previewed testimony of a witness or other means of proof will not be contested and, consequently, the Chamber may be deemed to be proven unless, in his judgment, it is required in the interests of justice, in particular that of the victims, a more complete presentation of the facts reported.
Rule 70. Principles of testing in cases of sexual violence.
In cases of sexual violence, the Court shall be guided by the following principles and, where appropriate, apply them:
(a) The consent cannot be inferred from any word or conduct of the victim when the force, the threat of force, the coercion or the use of a coercive environment have diminished its capacity to give a voluntary and free consent;
(b) Consent shall not be inferred from any word or conduct of the victim when the victim is unable to give a free consent;
c) Consent may not be inferred from the silence or lack of resistance of the victim to the alleged sexual violence;
d) The credibility, honorability or sexual availability of the victim or a witness shall not be inferred from the sexual nature of the previous or subsequent behavior of the victim or a witness.
Rule 71. Proof of other sexual behavior.
Taking into account the definition and nature of the crimes of the Court's jurisdiction, and subject to the provisions of paragraph 4 of Article 69, the Chamber shall not accept evidence of the previous or subsequent sexual behaviour of the Court. the victim or a witness.
Rule 72. Closed procedure to consider the relevance or eligibility of evidence.
1. Where it is intended to present or obtain, including through the questioning of the victim or a witness, evidence that the victim consented to the alleged crime of sexual violence reported, or evidence of the words, the behaviour, the silence or the lack of resistance of the victim or of a witness referred to in paragraphs (a) to (d) of Rule 70, shall be notified to the Court and shall describe the substance of the evidence which is intended to present or obtain the relevance of the evidence for the issues raised in the case.
2. The Chamber, when deciding whether the evidence referred to in sub-rule 1 is relevant or admissible, shall hear the views of the Prosecutor, the defence, the witness and the victim or his legal representative, at the closed door, and, in accordance with the Article 69, paragraph 4, shall take into account whether the evidence has sufficient probative value in relation to an issue raised in the case and the damage which it may entail. For these purposes, the Chamber shall take into account the third paragraph of Article 21 and Articles 67 and 68 and shall be guided by the principles set out in paragraphs (a) to (d) of Rule 70, in particular with regard to the questioning of the victim.
3. The Chamber, when it determines that the test referred to in sub-rule 2 is admissible in the process, shall state in the file the specific purpose for which it is accepted. When assessing the evidence in the course of the proceedings, the Chamber shall apply the principles set out in paragraphs (a) to (d) of Rule 70.
Rule 73. Privileged communications and information.
1. Without prejudice to the provisions of paragraph 1 (b) of Article 67, communications which take place in the context of the professional relationship between a person and his lawyer shall be regarded as privileged and shall not, therefore, be subject to disclosure, unless that person:
a) Consit in writing on it; or
b) You have voluntarily disclosed the content of the communication to a third party and that third party demonstrates this.
2. As regards sub-rule 5 of Rule 63, communications which take place in the context of a category of professional relationship or other confidential relationship shall be regarded as privileged and shall therefore not be subject to disclosure in the the same conditions as in sub-rules 1 (a) and 1 (b) if the Chamber decides in respect of that category which:
a) The communications that take place in that relationship category are part of a confidential relationship that raises a reasonable expectation of privacy and non-disclosure;
b) Confidentiality is essential for the nature and type of the relationship between the person and his confidant; and
c) Recognition of such privileged character would promote the objectives of the Statute and the Rules.
3. The Court, when taking a decision under sub-rule 2, shall take particular account of the need to recognise the privileged nature of communications in the context of the professional relationship between a person and his/her doctor, psychiatrist, psychologist or counselor, in particular when referring to or involving victims, or between a person and a member of the clergy; in the latter case, the Court will recognize the privileged character of communications made in the context of the The sacrament of confession when she is part of the practice of that religion.
4. The Court will consider privileged and, consequently, not subject to disclosure, even through the testimony of someone who has been or is an official or employee of the International Committee of the Red Cross (ICRC), the information, the documents or Other evidence that comes at the hands of that Committee in the performance of its duties under the Statutes of the International Red Cross and Red Crescent Movement or as a result of the performance of those functions, unless:
(a) The Committee, after consultations in accordance with sub-rule 6, does not object in writing to the disclosure or otherwise has renounced this privilege; or
(b) The information, documents or other evidence are in public statements and documents of the Committee.
5. None of the provisions of sub-rule 4 shall be construed as prejudice to the admissibility of the same test obtained from a source other than the Committee and its officials or employees when that source has obtained the test independently of the Committee and their officials or employees.
6. The Court, if it determines that the information, documents or other evidence held by the Committee is of great importance to a particular cause, will hold consultations with the Committee in order to resolve the issue through cooperation, present the circumstances of the case, the relevance of the test, the possibility of obtaining it from a source other than the Committee, the interests of justice and the victims and the performance of their duties and those of the Committee.
Rule 74. Self-incrimination of a witness.
1. Unless a witness has been notified in accordance with Rule 190, the Chamber shall notify you of the provisions of this rule before giving evidence.
2. The Court, where it determines that it is appropriate to give assurances in respect of self-incrimination to a given witness, shall give the securities provided for in subparagraph (c) of sub-rule 3, before it appears directly or on the basis of an application formulated in accordance with Article 93 (1) (e).
3.a) A witness may refuse to make a statement that may tend to incriminate him;
(b) When the witness has appeared after receiving securities pursuant to sub-rule 2, the Court may order him to answer one or more questions;
(c) In the case of other witnesses, the Chamber may order them to answer one or more questions, after assuring them that the test constituted by the answer to the questions:
i) It shall be confidential and shall not be made known to the public or to a State; and
(ii) It shall not be used directly or indirectly against it in any subsequent proceedings of the Court, except in accordance with Articles 70 and 71.
4. Before giving such assurances, the Chamber shall seek the opinion of the Prosecutor, ex parte, to determine whether it should be done.
5. In order to determine whether to order the witness to reply, the Chamber shall consider:
a) The importance of the test that is expected to be obtained;
b) If the witness would provide a test that could not be obtained otherwise;
c) The nature of the possible incrimination, in case it is known; and
d) If, in the circumstances of the case, the protection for the witness is sufficient.
6. The Chamber, if it determines that it would not be appropriate to give assurances to the witness, will not instruct you to answer the question. If you decide not to order the witness to answer, you may continue to question the witness on other issues.
7. To give effect to these securities, the Chamber shall:
(a) Order the witness statement to be provided behind closed doors;
(b) To order that the identity of the witness and the content of his or her statement are not to be known in any way and to provide that the non-compliance with that order shall result in the application of penalties in accordance with Article 71;
c) Inform the Prosecutor, the defendant, the defense lawyer, the legal representative of the victim, and all the officials of the Court who are present of the consequences of the non-compliance with the order given with set the preceding paragraph;
d) Order that the act of the performance of the performance be kept in sealing; and
e) To provide protection measures in relation to your decision not to disclose the identity of the witness or the content of the statement you have provided.
8. The Prosecutor, namely that the statement of a witness may raise questions of self-incrimination, must request that a closed hearing be held to inform the Chamber, before the witness provides a statement. The Chamber may provide the measures referred to in sub-rule 7 for the entire declaration of that witness or for part thereof.
9. The defendant, the defence lawyer or the witness may inform the Prosecutor or the Chamber that the testimony of a witness must raise questions of self-incrimination before the witness provides a statement and the Chamber may take the measures set out in subrule 7.
10. The Chamber, to consider a question of self-incrimination in the course of the proceedings, will suspend the receipt of the testimony and give the witness the opportunity to seek legal advice if it so requests for the purposes of the application of the rule.
Rule 75. Incrimination by family members.
1. The witness who appears before the Court and is a spouse, son or father or mother of a defendant may not be obliged by the Chamber to provide a statement which may give rise to the inculpability of the accused. However, the witness may voluntarily make that statement.
2. When assessing a testimony, the Chamber may take into account whether the witness referred to in sub-rule 1 refused to answer a question raised for the purpose of being contradicted by a previous statement or if it chose to questions would respond.
Section II. Disclosure of documents or information
Rule 76. Disclosure, prior to the trial, of information regarding the witnesses of the charge.
1. The Prosecutor shall communicate to the defense the names of the witnesses that he intends to call to testify and will give him a copy of the previous statements. This procedure shall be carried out in good time at the beginning of the trial, so that the defence can be properly prepared.
2. Subsequently, the Prosecutor will communicate to the defense the names of the other witnesses and will give him a copy of his statements once the decision has been taken to make them appear.
3. The declarations of the witnesses of charge shall be delivered in the original language and in a language which the defendant understands and speaks perfectly.
4. This rule shall be without prejudice to the protection of the safety and private life of victims and witnesses, as well as to confidential information, in accordance with the provisions of the Staff Regulations and Rules 81 and 82.
Rule 77. Inspection of objects held by the Prosecutor or under his control.
The Prosecutor, subject to the limitations provided for in the Staff Regulations and Rules 81 and 82, will allow the defense to inspect the books, documents, photographs, or other tangible objects in its possession or are under its control. control and that they are relevant to the preparation of the defense or that he has the purpose of using as evidence in the confirmation hearing of the charges or in the trial or have been obtained from the defendant or belong to him.
Rule 78. Inspection of objects held by the defence or under its control.
The defense will allow the Prosecutor to inspect the books, documents, photographs, or other tangible objects that are in his possession or are under his control and that he intends to use as evidence in the confirmation hearing of the charges or in the trial.
Rule 79. Disclosure of information by the defense.
1. The defense will notify the Prosecutor of its intention to assert:
(a) An alibi, in which case the notification shall indicate the place or places where the accused claims to have been found at the time of committing the alleged crime and the name of the witnesses and all other evidence which is propose to present to demonstrate its alibi; or
(b) One of the circumstances exempted from criminal liability as provided for in paragraph 1 of Article 31, in which case the names of the witnesses and all other evidence which the defendant is proposed shall be indicated in the notification enforce to demonstrate the eximent circumstance.
2. Taking due account of the time limits laid down in other rules, the notification referred to in sub-rule 1 shall be carried out in good time to enable the Prosecutor to prepare in due form his reply. The Chamber known to the case may grant the Prosecutor a postponement of the hearing to answer the question raised by the defence.
3. The fact that the defence does not make the communication provided for in this rule will not limit its right to raise the questions referred to in sub-rule 1 and to provide evidence.
4. The provisions of this rule shall not prevent a Chamber from ordering the disclosure of other evidence.
Rule 80. Procedure to enforce an exemption from criminal liability in accordance with paragraph 3 of Article 31.
1. The defence shall inform the Chamber of First Instance and the Prosecutor of its purpose of enforcing an exemption from criminal liability in accordance with paragraph 3 of Article 31. The communication shall be made in good time at the beginning of the trial, so that the Prosecutor can properly prepare.
2. Once the communication provided for in sub-rule 1 has been made, the Chamber of First Instance shall hear the Prosecutor and the defence before deciding whether the human rights defender can enforce the exemption from criminal liability.
3. If the defence is authorised to enforce the exemption, the Chamber of First Instance may grant the Prosecutor a postponement of the hearing in order to consider that circumstance.
Rule 81. Restrictions on the disclosure of documents or information.
1. Reports, memos or other internal documents which have prepared a party, its auxiliaries or their representatives in connection with the investigation or preparation of the cause shall not be subject to disclosure.
2. When documents or information to be disclosed in accordance with the Staff Regulations are in their possession or are under their control, the Prosecutor may ask the Chamber for information to be disclosed in accordance with the Staff Regulations. If the documents or information are to be made known to the defence, you may know of the cause of the case. The Chamber will have an ex parte view to deal with the matter. However, the Prosecutor will not be able to assert as evidence those documents or information in the confirmation hearing of the charges or the trial without before making them known to the defendant.
3. Where measures have been taken to protect the confidential nature of the information in accordance with Articles 54, 57, 64, 72 and 93, and the security of witnesses and victims and their families in accordance with Article 68, this information shall not be be made known if it is not in accordance with the provisions of these Articles. Where disclosure of such information may cause a risk to the security of the witness, the Court shall take action to inform it in advance.
4. The Chamber which is aware of the case may, on its own initiative or at the request of the Prosecutor, the defendant or any State, take the necessary measures to ensure the confidential nature of the information in accordance with Articles 54, 72 and 93 and, in accordance with the Article 68, to protect the safety of witnesses and victims and their families, including to authorize the disclosure of their identity prior to the commencement of the trial.
5. Where documents or information which have not been disclosed in accordance with Article 68 (5) are held by the Prosecutor or are under his control, such documents or information may not subsequently be asserted as evidence in the hearing confirmation of the charges or the trial without first giving them a proper knowledge of the defendant.
6. When they are in possession of the defense, or under their control, documents or information that are subject to disclosure, the defense may refuse to disclose them if circumstances similar to those that would allow the Prosecutor to enforce the provisions of the Article 68, paragraph 5, and submit a summary of such documents or information. The defence shall not be able to assert such documents or information as evidence in the confirmation hearing of the charges or in the trial without prior disclosure to the Prosecutor.
Rule 82. Restrictions on the disclosure of documents or information protected by the provisions of paragraph 3 (e) of Article 54.
1. When documents or information protected pursuant to paragraph 3 (e) of Article 54 are held by the Prosecutor or are under his control, the Prosecutor may not subsequently be tested in the trial without the prior consent of the he has supplied them, nor before they are made aware of them in a manner due to the defendant.
2. If the Prosecutor's Office presents as evidence documents or information protected pursuant to Article 54 (3) (e), the Chamber may not order additional evidence to be provided from the person who supplied the documents or initial information, nor shall it be able, with a view to obtaining such other evidence by itself, to quote that person or a representative of his or her as a witness or to order his/her appearance.
3. If the Prosecutor is to call a witness to provide documents or information protected pursuant to paragraph 3 (e) of Article 54 as evidence, the Chamber which is aware of the case may not require that witness to answer any questions relating to the case. the documents or information, or their origin, if they refuse to do so on the grounds of confidentiality.
4. The defendant's right to challenge evidence protected under paragraph 3 (e) of Article 54 shall not be affected and shall be subject only to the limitations laid down in sub-rules 2 and 3.
5. The Chamber which is aware of the case may order, upon request of the defence and in the interest of the court, that the documents or information held by the defendant have been supplied to him under the conditions set out in paragraph 3 (e). Article 54 and must be submitted as evidence, mutatis mutandis, subject to the provisions of sub-rules 1, 2 and 3.
Rule 83. Opinion on the existence of eximent or mitigating evidence of culpability in accordance with paragraph 2 of Article 67.
The Prosecutor may request that an ex parte view be held as soon as possible in the Chamber which is aware of the cause in order for it to deliver an opinion in accordance with paragraph 2 of Article 67.
Rule 84. Disclosure of documents or information and presentation of additional evidence.
In order to enable the parties to prepare for the trial and to facilitate the fair and expeditious course of the proceedings, the Chamber of First Instance, in accordance with paragraphs 3 (c) and 6 (d) of Article 64 and paragraph 2 of the Article 67, and subject to the provisions of paragraph 5 of Article 68, shall provide the necessary provisions for the disclosure of documents or information which have not been previously disclosed and additional evidence is provided. In order to avoid delays and to ensure that the judgment starts at the date fixed, strict deadlines will be set in those providences which will be maintained under the review of the Court of First Instance.
Section III. Victims and witnesses
Subsection 1. Definition of victims and applicable general principle
Rule 85. Definition of victims.
For the purposes of the Statute and Rules of Procedure and Evidence:
(a) "victims" shall mean natural persons who have suffered damage as a result of the commission of any crime from the jurisdiction of the Court;
(b) For victims, it may also be understood by organizations or institutions which have suffered direct damage to any of their property which is dedicated to religion, instruction, the arts, sciences or beneficence and to their historical monuments, hospitals and other places and objects for humanitarian purposes.
Rule 86. General principle.
A Chamber, in giving an instruction or issuing an order and all other organs of the Court when exercising its functions under the Staff Regulations or Rules, shall take into account the needs of all victims and witnesses of in accordance with Article 68, in particular children, persons of age, persons with disabilities and victims of sexual or gender-based violence.
Subsection 2. Protection of victims and witnesses
Rule 87. Protective measures.
1. The Chamber, upon request of the Prosecutor or of the defence, of a witness or of a victim or his legal representative, of having him, or of trade, and after consultation with the Dependence of Victims and Witnesses, as appropriate, may, in accordance with paragraphs 1 and Article 68, order that measures be taken to protect a victim, a witness or other person who is in danger because of the testimony provided by a witness. The Chamber, before ordering the protection measure, and, whenever possible, seek the consent of the person to whom it is to be the object of the measure.
2. The application submitted pursuant to sub-rule 1 shall be governed by Rule 134, except that:
a) That request shall not be filed ex parte;
(b) The application by a witness or victim or his legal representative, if any, shall be notified to both the Prosecutor and the defence and both shall have the opportunity to respond;
(c) The application referring to a particular witness or victim shall be notified to that witness or victim or his legal representative, if any, as well as to the other party, and shall be given to all of them respond;
(d) When the Chamber acts ex officio, the Prosecutor and the defence shall be notified, as well as the witness or victim who shall be the subject of the protection measure or their legal representative, if any, to all of whom shall be given an opportunity to respond; and
e) The application may be submitted in the case of sealing, in which case it shall remain sealed until the Chamber orders otherwise. The responses to the applications submitted in the sealed envelope will also be submitted in the sealed envelope.
3. The Chamber may hold a hearing in respect of the application submitted in accordance with sub-rule 1, which shall be held behind closed doors, in order to determine whether it has to order measures to prevent the public or the media from being disclosed or information agencies the identity of a victim, a witness or other person who is at risk because of the testimony provided by one or more witnesses, or the place where they are; such measures may include, inter alia, that:
(a) The name of the victim, the witness or other person who is in danger because of the testimony provided by a witness or the information which may be used to identify them shall be deleted from the public file of the Chamber;
(b) The Prosecutor, the defence or any other participant in the procedure shall be prohibited from disclosing that information to a third party;
(c) The testimony is provided by electronic means or other special means, including the use of technical means to alter the testimony. the use of audiovisual technology, in particular video conferencing and closed circuit television, and the exclusive use of voice transmission means;
(d) A pseudonym is used for a victim, a witness or other person who is in danger because of the testimony provided by a witness; or
e) The Hall celebrates part of its performances behind closed doors.
Rule 88. Special measures.
1. Upon request of the Prosecutor, the defence, a witness or a victim or his legal representative, if any, or ex officio, and after consultation with the Dependence of Victims and Witnesses, as appropriate, the Chamber, taking into account the views of the the victim or the witness may order, in accordance with Article 68 (1) and (2), special measures aimed, inter alia, at facilitating the testimony of a victim or a traumatised witness, a child, a person of age or a victim of sexual violence. Before the special measure is decreed, the Chamber shall, whenever possible, seek the consent of the person who is to be the subject of the measure.
2. The Chamber may hold a hearing in respect of the application submitted pursuant to sub-rule 1, if necessary at the close of the door or ex parte, in order to determine whether or not to order a special measure of that kind, which may consist of: others, in order to be present during the testimony of the victim or witness a lawyer, a representative, a psychologist or a family member.
3. The provisions of paragraphs (b) to (d) of Rule 87 (2) shall apply, mutatis mutandis, to the inter-party applications submitted under this rule.
4. Applications submitted under this rule may be made in the case of sealing, in which case they shall continue to be sealed until the Chamber orders otherwise. The responses to the inter-party requests submitted in the sealed envelope shall also be submitted in the same manner.
5. The Chamber, taking into account that the violation of the privacy of a witness or a victim may pose a risk to their security, will diligently monitor the manner of questioning in order to avoid any kind of harassment or intimidation and paying special attention to the case of victims of sexual violence crimes.
Subsection 3. Involvement of victims in the process
Rule 89. Request that victims participate in the process.
1. The victims, in order to formulate their opinions and observations, shall submit a written request to the Registrar, who shall forward it to the appropriate Chamber. Subject to the provisions of the Staff Regulations, in particular in paragraph 1 of Article 68, the Registrar shall provide a copy of the application to the Prosecutor and the defence, which shall be entitled to reply within a period to be fixed by the Chamber. Subject to the provisions of sub-rule 2, the Chamber shall then specify the actions and the manner in which the participation is deemed to be appropriate, which may include the formulation of initial and final pleadings.
2. The Chamber, on its own initiative or at the request of the Prosecutor or the defence, may reject the application if it considers that it has not been submitted by a victim or that the criteria set out in paragraph 3 of Article 68 have not been met. The victim whose application has been rejected may submit a new application at a later stage of the proceedings.
3. A person who acts with the consent of the victim or on behalf of the victim in the event that he is a minor or has a disability that makes it necessary may also submit an application for the purposes of this rule.
4. Where there is more than one application, the Chamber shall examine them in such a way as to ensure the effectiveness of the procedure and may make a single decision.
Rule 90. Legal representatives of the victims.
1. The victim may freely choose a legal representative.
2. Where there is more than one victim, the Chamber, in order to ensure the effectiveness of the procedure, may ask all or certain groups of them, if necessary with the assistance of the Secretariat, to appoint one or more common representatives. The Secretariat, in order to facilitate the coordination of the legal representation of the victims, may provide assistance and, among other things, refer the victims to a list of lawyers, which she herself will carry, or suggest one or more representatives. common.
3. If the victims are unable to choose one or more common representatives within the time limit set by the Chamber, the Chamber may ask the Registrar to do so.
4. The Chamber and the Secretariat shall take all reasonable steps to ensure that, in the selection of the joint representatives, the various interests of the victims are represented, in particular as provided for in paragraph 1 of the Article 68, and avoiding conflicts of interest.
5. The victim or group of victims lacking the means to pay a common legal representative appointed by the Court may be assisted by the Secretariat and, as appropriate, including financial assistance.
6. The legal representative of the victim or the victims shall meet the requirements set out in Rule 22 sub-rule 1.
Rule 91. Participation of legal representatives in the actions.
1. The Chamber may amend an earlier decision rendered in accordance with Rule 89.
2. The legal representative of the victim shall be authorised to attend and participate in the proceedings in accordance with the decision of the Chamber or the amendments which it makes pursuant to Rules 89 and 90. This shall include participation in the hearings unless, in the circumstances of the case, the Chamber is of the opinion that the intervention of the legal representative must be limited to the submission of observations or exhibitions in writing. The Prosecutor and the Defense shall be authorized to respond to the observations that the legal representative of the victims has verbally or in writing.
3.a) The legal representative who attends and participates in the process in accordance with this rule and wants to question a witness, including by virtue of Rules 67 and 68, to an expert or to the defendant, shall request it from the Chamber. The Chamber may ask you to submit the questions in writing and, in that case, to forward them to the Prosecutor and, where appropriate, to the defence, who shall be authorised to make their observations within a period to be fixed by the Chamber.
(b) The Chamber shall then fail the application taking into account the stage in which the proceedings are found, the rights of the defendant, the interests of the witnesses, the need for a fair, impartial and expeditious trial and the need to to implement paragraph 3 of Article 68. The decision may include instructions on the form and order in which the questions will be asked or documents shall be submitted in the exercise of the powers of the Chamber in accordance with Article 64. The Chamber, if deemed appropriate, may ask the witness, the expert or the defendant on behalf of the victim's legal representative.
4. In the case of a view exclusively dedicated to a repair in accordance with Article 75, the restrictions referred to in sub-rule 2 shall not apply for the legal representative of the victim to ask questions. In that case, the legal representative, with the authorization of the Chamber, may ask the witnesses, the experts and the person concerned questions.
Rule 92. Notification to victims and their legal representatives.
1. This rule concerning the notification of victims and their legal representatives shall apply to all proceedings before the Court, except those referred to in Part II.
2. In order to allow the victims to request authorization to participate in the proceedings in accordance with Rule 89, the Court will notify them of the Prosecutor's decision not to open an investigation or to proceed to the prosecution in accordance with the Article 53. The victims or their legal representatives who have already participated in the proceedings or, as far as possible, those who have contacted the Court in relation to the situation or the cause in question shall be notified. The Chamber may decide to take the measures referred to in sub-rule 8 if it considers it appropriate in the circumstances of the case.
3. In order to enable the victims to seek authorisation to participate in the proceedings in accordance with Rule 89, the Court shall notify them of their decision to hold a hearing to confirm the charges in accordance with Article 61. The victims or their legal representatives who have already participated in the proceedings or, as far as possible, those who have contacted the Court in relation to the cause in question shall be notified.
4. Where the notification referred to in sub-rules 2 and 3 has been made, the subsequent notification referred to in sub-rules 5 and 6 shall be made only to the victims or their legal representatives who may participate in the actions in accordance with a decision taken by the Chamber under Rule 89 or with an amendment to that decision.
5. The Registrar shall, in accordance with the decision taken in accordance with Rules 89 to 91, notify the victims or their legal representatives in good time and in relation to them:
(a) The actions of the Court, including the date of the hearings or their postponement and the date on which the judgment will be issued;
b) Requests, writings, requests, and other documents related to such requests, writings, or requests.
6. If the victims or their legal representatives have participated in a certain stage of the proceedings, the Registrar shall notify them as soon as possible of the decisions taken by the Court in these proceedings.
7. The notifications referred to in sub-rules 5 and 6 shall be made in writing or, where this is not possible, in any other appropriate form. The Secretariat shall keep a record of all notifications. Where necessary, the Secretary may seek the cooperation of the States Parties in accordance with paragraph 1 (d) and (l) of Article 93.
8. In the case of the notification referred to in sub-rule 3 or where a Chamber so requests, the Registrar shall take the measures necessary to give sufficient publicity to the proceedings. In this context, the Secretary may seek in accordance with Part IX the cooperation of the States Parties concerned and the assistance of intergovernmental organizations.
Rule 93. Observations of the victims or their legal representatives.
A Chamber may collect observations from victims or their legal representatives who are involved in accordance with Rules 89 to 91 on any matter, including those referred to in Rules 107, 109, 125, 128, 136, 139 and 191. It may also collect observations from other victims where appropriate.
Subsection 4. Reparation to victims
Rule 94. Procedure upon request.
1. The request for compensation submitted by a victim in accordance with Article 75 shall be made in writing and shall include the following details:
a) The identity and address of the applicant;
b) A description of the injury or damages;
(c) The place and date of the incident and, as far as possible, the identity of the person or persons to whom the victim claims responsibility for the injury or damages;
d) When the return of goods, property or other tangible objects is requested, a description of them;
e) The compensation to be requested;
f) Any other type of rehabilitation or repair that is requested;
g) As far as possible, the appropriate supporting documentation, including the name and address of witnesses.
2. At the beginning of the trial, and subject to the protection measures in force, the Court will ask the Registrar to notify the person or persons identified in the application or the charges and, as far as possible, the person or persons identified. States concerned. The notified body may submit its observations to the Registrar in accordance with paragraph 3 of Article 75.
Rule 95. Procedure in case the Court acts on its own initiative.
1. The Court, when it decides to proceed ex officio in accordance with paragraph 1 of Article 75, shall ask the Registrar to notify the person or persons against whom he is considering the possibility of taking a decision, and, to the extent of possible, to the victims and to the people and the States concerned. Those notified shall submit their comments to the Registrar in accordance with Article 75, paragraph 3.
2. Yes, as a result of the notification referred to in sub-rule 1:
(a) One of the victims submits a request for reparation, which shall be treated as if it had been filed under Rule 94;
b) One of the victims asks that the Court not order a reparation, it will not order an individual reparation in its favor.
Rule 96. Advertisement of the repair actions.
1. Without prejudice to the other provisions relating to the notification of actions, the Registrar shall, as far as possible, notify the victims or their legal representatives and the person or persons concerned. The Registrar, taking into account the information presented by the Prosecutor, shall also take all measures necessary to give adequate publicity to the actions of reparation to the Court, as far as possible, to other victims and the persons or States concerned.
2. The Court, when taking the measures referred to in sub-rule 1, may request, in accordance with Part IX, the cooperation of the States Parties concerned and the assistance of intergovernmental organizations in order to give publicity to the actions. before her in the broadest form and by all possible means.
Rule 97. Assessment of the repair.
1. The Court, taking into account the extent and extent of the damage, injury or injury, may grant an individual repair or, where it considers it appropriate, a collective redress or both.
2. The Court may, at the request of the victims, of its legal representative or of the sentenced person, or of its own motion, designate the experts to assist him in order to determine the extent or extent of the damage, damage or injury. (a) to the victims or to the victims and to suggest a variety of options for the types and types of repair to be carried out. The Court shall, as appropriate, invite the victims or their legal representatives, the sentenced person and the persons or States concerned to make observations on the reports of the experts.
3. The Court shall in all cases respect the rights of the victims and the sentenced person.
Rule 98. Trust Fund.
1. Individual repair orders shall be issued directly against the sentenced person.
2. The Court may decree that the amount of a compensation order given to a convicted person be deposited in the Trust Fund if, at the time of its decision, it is impossible or impracticable to make individual payments directly to each victim. The amount of the repair deposited in the Trust Fund will be separate from other resources in the Trust Fund and will be delivered to each victim as soon as possible.
3. The Court may decree that the sentenced person pay the amount of reparation through the Trust Fund when the number of the victims and the scope, forms and modalities of the repair make a collective payment more advisable.
4. The Court, after consultation with the States concerned and with the Trust Fund, may decree that the amount of a repair be paid through the Trust Fund to an intergovernmental, international, or national organization approved by this.
5. Subject to the provisions of Article 79, other resources of the Trust Fund may be used for the benefit of the victims.
Rule 99. Cooperation and precautionary measures for the purpose of confiscation pursuant to paragraph 3 (e) of Article 57 and paragraph 4 of Article 75.
1. The Preliminary Ruling Chamber, in accordance with paragraph 3 (e) of Article 57, or the Chamber of First Instance, in accordance with the fourth paragraph of Article 75, may, on its own initiative or at the request of the Prosecutor or the victims or their representatives legal persons who have requested a repair or indicated in writing their intention to do so, to determine if action is to be requested.
2. Notification shall not be required unless the Court determines, in the circumstances of the case, that this is not to be detrimental to the effectiveness of the measures requested. In the latter case, the Registrar shall notify the action to the person in respect of which the request is made and, as far as possible, to the persons or States concerned.
3. If an order is issued without notification, the Chamber in question shall ask the Registrar to notify the person in respect of which the request has been made and, in so far as it is compatible with the effectiveness of the measures requested, possible, to the persons or States concerned and to invite them to comment on whether the order should be revoked or amended.
4. The Court may decide on the opportunity and the substantiation of the actions that are necessary to address these issues.
Section IV. Miscellaneous provisions
Rule 100. Place of judgment.
1. The Court, in a given cause in which it considers that it would be in the interest of justice, may decide that it should be held in a State other than the host.
2. The Prosecutor, the defense, or a majority of the magistrates of the Court may, at any time after the investigation has begun, request or recommend that the place where the Court is held be changed. The request or recommendation to the Presidency shall be made in writing and specify in which State the Court shall be held. The Presidency shall seek the opinion of the Chamber concerned.
3. The Presidency will consult the State in which the Court intends to sit and, if it agrees that the Court may do so, the corresponding decision shall be taken by the magistrates in plenary session and by a majority of two. thirds.
Rule 101. Deadlines.
1. The Court, when issuing providences setting deadlines for the conduct of a diligence, shall take into account the need to facilitate a fair and expeditious process, taking into account in particular the rights of the defence and the victims.
2. Taking into account the rights of the defendant, in particular the rights referred to in paragraph 1 (c) of Article 67, all those involved in the proceedings in which the provision is made shall seek to act in the most expeditious manner within the meaning of Article 67. Deadline set by the Court.
Rule 102. Communications not written in writing.
Who cannot, on the basis of a disability or its illiteracy, write a petition, request, observation or other communication in the Court, may do so by means of audio or video or by any other means electronic.
Rule 103. Amicus curiae and other forms of observations.
1. The Chamber, if it considers it appropriate for an appropriate determination of the case, may at any stage of the procedure invite or authorise a State, an organisation or a person to submit observations in writing or orally. of any matter which the Chamber considers to be appropriate.
2. The Prosecutor and the defence shall have the opportunity to respond to the comments made in accordance with sub-rule 1.
3. The written observation submitted in accordance with sub-rule 1 shall be deposited with the Secretary, who shall give copies to the Prosecutor and the defense. The Chamber shall set the time limits for the submission of these observations.
CHAPTER 5
From investigation and prosecution
Section I. Tax Decision on the initiation of an investigation pursuant to Article 53, paragraphs 1 and 2.
Rule 104. Assessment of the information by the Prosecutor.
1. In accordance with paragraph 1 of Article 53, the Prosecutor, when assessing the information he has received, shall determine its veracity.
2. For these purposes, the Prosecutor may collect additional information from States, United Nations bodies, intergovernmental and non-governmental organizations or other reliable sources that he considers appropriate and may receive statements written or oral witnesses at the Court's headquarters. The practice of this testimony shall be governed by the procedure described in Rule 47.
Rule 105. Notification of the Prosecutor's decision not to initiate an investigation.
1. When deciding not to open an investigation pursuant to Article 53 (1) of the Staff Regulations, the Prosecutor shall immediately notify him in writing to the State or States which have referred the situation to him in accordance with Article 14 or Security Council if this is one of the situations referred to in Article 13 (b).
2. Where the Prosecutor decides not to submit to the Preliminary Questions Room an application for a research authorization, the provisions of Rule 49 shall apply.
3. The notification referred to in sub-rule 1 shall contain the conclusion of the Prosecutor, taking into account paragraph 1 of Article 68, and shall indicate the reasons for it.
4. The Prosecutor, when he decides not to open an investigation exclusively under the provisions of paragraph 1 (c) of Article 53 of the Staff Regulations, shall inform the Chamber of Preliminary Questions in writing immediately after the adoption of the decision.
5. The notification shall contain the conclusion of the Prosecutor and indicate the reasons for it.
Rule 106. Notification of the Prosecutor's decision not to proceed with prosecution.
1. The Prosecutor, when he decides that there is no sufficient basis for proceeding to prosecution in accordance with paragraph 2 of Article 53 of the Statute, shall immediately notify him in writing to the Chamber of Preliminary Questions, as well as to the State or States which have referred the situation in accordance with Article 14 or the Security Council in the case of one of the situations referred to in Article 13 (b).
2. The notification referred to in the preceding provision shall contain the conclusion of the Prosecutor and, taking into account paragraph 1 of Article 68, shall indicate the reasons for it.
Section II. Review procedure in accordance with paragraph 3 of Article 53
Rule 107. Request for revision in accordance with paragraph 3 (a) of Article 53.
1. The request for review of a decision of the Prosecutor not to initiate an investigation or not to proceed to prosecution pursuant to paragraph 3 of Article 53 shall be submitted in writing, accompanied by a statement of reasons, within 90 days. days following the notification provided for in Rules 105 or 106.
2. The Preliminary Questions Room may ask the Prosecutor to forward to him the information or documents available, or summaries thereof, that the Board deems necessary for the review.
3. The Preliminary Questions Board shall take the measures of the case in accordance with Articles 54, 72 and 93 to protect the information and documents referred to in the preceding provision and, in accordance with paragraph 5 of Article 68, for protect the safety of witnesses and victims and their families.
4. Where a State or the Security Council submits one of the applications referred to in sub-rule 1, the Preliminary Questions Room may request additional observations.
5. Where a matter of competence or admissibility of the case is raised, the provisions of Rule 59 shall apply.
Rule 108. Decision of the Board of Preliminary Questions pursuant to paragraph 3 (a) of Article 53.
1. The decision of the Chamber of Preliminary Questions pursuant to paragraph 3 (a) of Article 53 shall be adopted by a majority of the members of the Chamber and shall indicate their reasons. The decision shall be communicated to those who have participated in the review.
2. When the Preliminary Question Room asks the Prosecutor to reconsider, partially or totally, his decision not to initiate an investigation or to proceed with prosecution, the prosecution must do so as soon as possible.
3. The Prosecutor, when he takes a final decision, shall communicate it in writing to the Preliminary Chamber of Questions. This notification shall contain the conclusion of the Prosecutor and indicate his reasons. The decision shall be communicated to those who have participated in the review.
Rule 109. Review by the Preliminary Questions Room in accordance with paragraph 3 (b) of Article 53.
1. The Preliminary Questions Chamber, within 180 days of the notification provided for in Rules 105 or 106, may review a decision of its own motion by the Prosecutor only pursuant to paragraphs 1 (c) or 2 (c) of Article 53. The Chamber shall inform the Prosecutor of its intention to review its decision and set a time limit for submitting observations and other records.
2. Where it is a State or the Security Council that has submitted an application to the Preliminary Question Room, it shall also be informed and may make observations in accordance with Rule 107.
Rule 110. Decision of the Board of Preliminary Questions pursuant to paragraph 3 (b) of Article 53.
1. The decision of the Court of First Questions to confirm or not a decision taken by the Prosecutor exclusively under paragraphs 1 (c) or 2 (c) of Article 53 shall be adopted by a majority of the members of the Court of Justice. reasons. The decision will be communicated to those who have participated in the review.
2. Where the Preliminary Question Room does not confirm the decision of the Prosecutor referred to in the preceding provision, the latter shall initiate an investigation or proceed to prosecution.
Section III. Test meeting
Rule 111. Report of the proceedings of the interrogations in general.
1. Minutes of all formal statements will be lifted which will make anyone questioned in the course of an investigation or prosecution. The minutes will be signed by the person who raises it and proceeds to the interrogation and the questioning, as well as by his lawyer, if he is present, and, if necessary, by the Prosecutor or the magistrate who is present. The minutes shall include the date, time and place of the interrogation and the name of all those present in it. It will also be indicated if someone has not signed, as well as their reasons for not doing so.
2. Where the Prosecutor or the national authorities question someone, the provisions of Article 55 shall be duly taken into account. When a person is informed of the rights under Article 55 (2), the minutes shall be recorded in the minutes.
Rule 112. Recording of the interrogation in certain cases.
1. Where the Prosecutor comes to an interrogation and Article 55 (2) is applicable, or the interrogatory is the subject of an arrest warrant or an appearance pursuant to paragraph 7 of Article 58, an audio or video recording of the cross-examination, according to the following procedure:
a) You will communicate to the interrogators, in a language that you understand and speak perfectly, that the interrogation is to be recorded in audio or video and that you can oppose it if you wish. It will be noted in the record that this communication has been made and the response of the interrogators, who, before answering, will be able to speak in private with his lawyer, if he were present. If the interrogation is refused to record the interrogation in audio or video, it shall be carried out in accordance with Rule 111;
(b) A written record of the waiver of the right to be questioned in the presence of the lawyer shall be recorded and, as far as possible, an audio or video recording shall also be made;
c) If the interrogation is suspended, it will be recorded and the time it occurred before the recording ends, as well as the time when the interrogation resumes;
d) When the interrogation is over, the question will be given to the question of clarifying what he said or saying something else. The time of completion of the interrogation shall be stated;
e) The contents of the recording will be transcribed as soon as possible as soon as the interrogation is completed and the transcript will be submitted to the interrogators. A copy of the recorded tape or, if a multiple recording device, of one of the original tapes recorded, shall also be delivered to the interrogators;
f) The original tape recorded or one of them, if several, shall be sealed in the presence of the interrogators and their lawyer, if present, and with the signature of the Prosecutor and the interrogators and their lawyer, if present.
2. The Prosecutor shall do all that is reasonably possible for the interrogation to be recorded in accordance with the foregoing provision. By way of exception, when the circumstances prevent it, the interrogation may be carried out without being recorded in audio or video. In that case, the reasons for which the recording has not been made shall be recorded in writing and the procedure set out in Rule 111 shall apply.
3. Where, in accordance with sub-rules 1 (a) or 2, no recorded audio or video of the interrogation is recorded, the person shall be given a copy of his/her statement.
4. The Prosecutor may choose the procedure provided for in this Rule where a person other than those referred to in sub-rule 1 is questioned, in particular where the application of that procedure in the practice of the testimony may serve to reduce the possibility of further trauma of the victim of the act of sexual or gender violence, of a child or of a person with disabilities. The Prosecutor may submit an application to the appropriate Chamber.
5. The preliminary ruling chamber, pursuant to paragraph 2 of Article 56, may provide that the procedure provided for in this Rule shall be applicable to the questioning of any person.
Rule 113. Obtaining information regarding the health status.
1. The Preliminary Questions Chamber may order, on its own initiative or at the request of the Prosecutor, the person concerned or his lawyer, that a person to whom the rights referred to in paragraph 2 of Article 55 be granted is the subject of a medical examination, psychological or psychiatric. In taking their decision, the Preliminary Questions Room will consider the character and purpose of the recognition and whether the person consents to be practiced.
2. The Preliminary Questions Room shall designate one or more experts from the list approved by the Secretary or one approved by the Secretary at the request of one of the parties.
Rule 114. A unique opportunity to conduct an investigation in accordance with Article 56.
1. The Preliminary Questions Room, upon receipt of a communication from the Prosecutor pursuant to paragraph 1 (a) of Article 56, shall, as soon as possible, enter into consultations with the Prosecutor and, subject to the provisions of paragraph 1 (c) of that Article, with the arrested or with whom he has appeared pursuant to a summons and his lawyer, in order to determine which measures to take and in what form, including those intended to preserve the right to communicate in accordance with paragraph 1 (b) of Article 67.
2. The decision of the Board of Preliminary Questions to take action pursuant to paragraph 3 of Article 56 shall be adopted by a majority of its members and after consultation with the Prosecutor. In the consultations, the Prosecutor may indicate to the Chamber of Preliminary Questions that the planned measures could compromise the good course of the investigation.
Rule 115. Meeting of evidence in the territory of a State Party in accordance with paragraph 3 (d) of Article 57.
1. The Prosecutor, when he considers that paragraph 3 (d) of Article 57 applies, may ask the Chamber of Questions in writing for authorization to take certain measures in the territory of the State Party in question. The Chamber, on receipt of the request and if possible, shall inform that State and seek its observations.
2. The Preliminary Questions Chamber, when deciding whether the request is justified, shall take into account the comments made by the State Party. The Chamber may also decide, ex officio or at the request of the Prosecutor or State Party, that a hearing be held.
3. The authorization provided for in Article 57 (3) (d) shall be given in the form of a providence and shall contain its reasons, taking into account the criteria set out in that paragraph. In providence, the procedures to be followed when these tests are collected may be indicated.
Rule 116. Meeting of evidence at the request of the defence in accordance with paragraph 3 (b) of Article 57.
1. The Preliminary Questions Room shall dictate an order or request cooperation in accordance with paragraph 3 (b) of Article 57 where it considers that:
(a) Such an order would facilitate the obtaining of evidence that could be relevant to properly establish the issues to be addressed or necessary for the proper preparation of the defence;
(b) If this is one of the cases of cooperation provided for in Part IX, sufficient information has been submitted to comply with the provisions of paragraph 2 of Article 96.
2. The Preliminary Questions Chamber, before taking the decision to issue an order or request cooperation pursuant to paragraph 3 (b) of Article 57, may seek the observations of the Prosecutor.
Section IV. Procedures relating to the restriction and deprivation of liberty
Rule 117. Stop in a State.
1. The Court shall take measures to ensure that it is informed of a detention it has requested under Articles 89 or 92. Once informed, the Court will make the detainee receive a copy of the arrest warrant issued by the Preliminary Questions Room in accordance with Article 58 and the relevant provisions of the Statute. The documents will be made available to the detainee in a language that he understands and speaks perfectly.
2. At any time after the arrest, the detainee may ask the Preliminary Affairs Room to appoint a lawyer to assist him in the proceedings before the Court and the Chamber will decide which course will be given to that request.
3. If the regularity of the arrest warrant is contested in accordance with paragraph 1 (a) and (b) of Article 58, a letter shall be submitted to the Preliminary Questions Chamber, indicating the grounds for the challenge. The Chamber, after obtaining the opinion of the Prosecutor, shall act without delay.
4. Where the competent authority of the State of detention notifies the Chamber of Preliminary Questions that the detainee has lodged an application for freedom, the Chamber, in accordance with Article 59, paragraph 5, shall make a recommendation within the time set by the State of detention.
5. The Preliminary Questions Chamber, when informed that the competent authority of the State of detention has granted provisional freedom to the detainee, shall indicate to the State of detention as and when it would like to receive regular reports on the the situation of provisional freedom.
Rule 118. Pre-trial detention at the Court's headquarters.
1. If the person handed over to the Court requests the provisional release pending trial, either at his first appearance pursuant to Rule 121 or later, the Preliminary Question Room shall decide on the application without delay, after obtaining comments from the Prosecutor.
2. The Preliminary Ruling Chamber shall review its provision on the freedom or detention of a person in accordance with the provisions of paragraph 3 of Article 60 at least every 120 days and may at any time at the request of the person concerned or of the Prosecutor.
3. After the first appearance, the request for provisional release must be made in writing and shall be notified to the Prosecutor. The Preliminary Chamber of Questions shall take a decision on the matter after receiving written observations from the Prosecutor and the detainee. The Chamber may decide to hold a hearing, at the request of the Prosecutor or of the detainee or of its own office, and shall hold at least one year.
Rule 119. Probation.
1. The Preliminary Questions Room may impose one or more conditions restricting the freedom of a person, including the following:
(a) Not be able to travel beyond the territorial limits set by the Chamber without the express consent of the Chamber;
b) Not being able to go to the places or associate with the people who indicate the Room;
(c) Not being able to contact victims or witnesses directly or indirectly;
d) Not being able to perform certain professional activities;
e) Having to reside in a given address fixed by the Room;
f) Having to answer when you cite an authority or authorized person designated by the Room;
g) Having to deposit a bond or give real or personal guarantees, the amount, time limits and modalities of payment will determine the Room;
h) Having to give the Court Clerk all the identity documents, in particular the passport.
2. At the request of the person or of the Prosecutor, or of its own motion, the Preliminary Chamber of Questions may at any time modify the conditions laid down in accordance with the foregoing provision.
3. Before imposing or amending conditions restricting freedom, the Preliminary Questions Room shall consult the Prosecutor, the person concerned, the States concerned and the victims who have contacted the Court in that case and who, In the judgment of the Chamber, they could be endangered as a result of the release or the modification of the conditions.
4. The preliminary ruling chamber, if it is satisfied that the person has ceased to fulfil one or more of the obligations imposed, may, for that reason, and at the request of the Prosecutor or on his own initiative, issue an arrest warrant against him.
5. The Preliminary Ruling Chamber, when it gives an order to appear in accordance with Article 58, paragraph 7 and decides to impose conditions restricting freedom, shall satisfy itself with the relevant provisions of the national legislation of the Status to be received. The Preliminary Questions Chamber, acting in accordance with the national legislation of the State of destination, shall proceed in the manner set out in sub-rules 1, 2 and 3. The Chamber, if it receives information in the sense that the conditions imposed have not been met, shall proceed in accordance with sub-rule 4.
Rule 120. Instruments for limiting movements.
Instruments will not be used to limit movements except as collected against leakage, to protect the detainee at the disposal of the Court or other persons or for security reasons. Those instruments shall be removed at the time of appearance before a Chamber.
Section V. Procedure for confirmation of charges pursuant to Article 61
Rule 121. Procedure prior to the confirmation hearing.
1. Those who have been the subject of an arrest warrant or an appearance pursuant to Article 58 shall appear before the Preliminary Questions Chamber, in the presence of the Prosecutor, immediately after their arrival at the Court. Subject to the provisions of Articles 60 and 61, it shall enjoy the rights set out in Article 67. The preliminary hearing shall be fixed by the preliminary ruling chamber at the date of the confirmation hearing on the charges and shall have the appropriate publicity to that date, as well as to the deferrals provided for in sub-rule 7.
2. In accordance with Article 61 (3), the preliminary ruling chamber shall take the decisions necessary to ensure that the Prosecutor provides evidence and information in his possession of the person who has been the subject of an order arrest or appearance. During the disclosure of tests and information:
(a) The defendant may have the assistance or representation of the lawyer he has chosen or has been assigned to him;
b) The Preliminary Questions Room shall hold consultations with the defendant and the Prosecutor to ensure that such diligence takes place under satisfactory conditions. In each case, a magistrate of the Preliminary Chamber of Questions shall be appointed in charge of organising such consultations either on their own initiative or at the request of the Prosecutor or of the accused;
(c) All evidence that the Prosecutor has brought to the attention of the defendant for the purposes of the confirmation hearing shall be communicated to the Preliminary Questions Room.
3. The Prosecutor shall provide to the Preliminary and the imputed Questions Room, at least 30 days in advance, to the date of the confirmation hearing of the charges, a detailed description of the charges, together with a list of the evidence to which the intention to present at the hearing.
4. The Prosecutor, when he intends to modify the charges in accordance with paragraph 4 of Article 61, shall communicate to the Chamber of Preliminary Questions and to the defendant, at least 15 days before the date of the hearing, the charges modified and a list of the tests that it is proposed to present in the audience to corroborate them.
5. The Prosecutor, when he intends to present further evidence in the hearing, shall provide to the Preliminary Questions Room and the imputed a list of such evidence at least 15 days in advance of the date of the hearing.
6. The defendant, if he intends to present evidence in accordance with paragraph 6 of Article 61, shall submit a list of them to the Preliminary Questions Room at least 15 days in advance of the date of the hearing. The Chamber shall without delay transmit the list to the Prosecutor. The defendant must provide a list of the evidence that he intends to present in case of modification of the charges or that the Prosecutor present a new list of evidence.
7. The Prosecutor or the defendant may ask the Chamber of Preliminary Questions to postpone the date of the confirmation hearing of the charges. The Chamber may also postpone the hearing.
8. The Preliminary Questions Room shall not take into account the charges and evidence presented after the expiry of the period or an extension of the period.
9. The Prosecutor and the accused may present to the Chamber of Preliminary Questions, at least three days before the date of the hearing, written on factual and legal elements, including the circumstances exempt from liability. criminal law referred to in paragraph 1 of Article 31. Copies of those written to the Prosecutor or the defendant shall be transmitted immediately, as appropriate.
10. The Registrar shall constitute and maintain a record of the proceedings before the Preliminary Chamber of Questions, which shall include all documents transmitted to the Chamber in accordance with this Rule. Subject to restrictions on confidentiality and the protection of information affecting national security, the Prosecutor, the accused and the victims or their legal representatives may consult the file. actions in accordance with rules 89 to 91.
Rule 122. Procedure of the confirmation hearing in the presence of the imputed.
1. The magistrate who chairs the Preliminary Questions Room will ask the official of the Secretariat assigned to the Chamber to read the charges presented by the Prosecutor and then determine the procedure for the hearing and, in the order and the conditions under which the evidence in the file is to be set out.
2. In the event of an impeachment or a matter of jurisdiction or admissibility, Rule 58 shall apply.
3. Before considering the merits of the case, the magistrate presiding over the Preliminary Questions Room will ask the Prosecutor and the defendant if they intend to raise objections or observations which have to do with the regularity of the proceedings. actions before the confirmation hearing of the charges.
4. Subsequently, neither in the proceedings for confirmation nor in the judgment may the objections or observations referred to in sub-rule 3 be made or repeated.
5. If the objections or observations referred to in sub-rule 3 are presented, the magistrate presiding over the Preliminary Questions Room shall invite the persons referred to in that provision to present their arguments in the order that he himself fixed. The imputed will have the right of replication.
6. If the objections raised or the observations made are those referred to in sub-rule 3, the Preliminary Questions Board shall decide whether to accumulate the questions to the examination of the charges and the evidence or to separate them, in which case defer the confirmation hearing of the charges and give a providence on the issues raised.
7. During the hearing of the substance of the case, the Prosecutor and the defendant shall make their submissions in accordance with the provisions of paragraphs 5 and 6 of Article 61.
8. The Preliminary Questions Room will allow final observations to be made to the Prosecutor and to the defendant, in that order.
9. Subject to the provisions of Article 61, the confirmation hearing of the charges shall apply mutatis mutandis to Article 69.
Rule 123. Measures to ensure the presence of the defendant in the confirmation hearing of the charges.
1. Where the Court of First Instance has issued an arrest warrant or a warrant pursuant to Article 58, paragraph 7, and the court is in custody or is notified of the order to appear, the Chamber shall provide that notified of the provisions of paragraph 2 of Article 61.
2. The Preliminary Questions Chamber may hold consultations with the Prosecutor, at the request of the Prosecutor or of its own office, in order to determine whether there are reasons for holding a confirmation hearing on the charges under the conditions set out in the Article 61 (2) (b). If the defendant is assisted by a lawyer known to the Court, the consultations shall be held in the presence of the Court, unless the Chamber decides otherwise.
3. The preliminary ruling chamber shall ensure that the arrest warrant has been issued against the defendant and, if the order has not been executed after a reasonable period of time since it was issued, it shall take all the measures necessary to ensure that the reasonable to locate and stop the imputed.
Rule 124. Waives the right to be present at the confirmation hearing for the charges.
1. The defendant, if he is at the disposal of the Court but would like to give up his right to be present at the confirmation hearing of the charges, will request him in writing to the Preliminary Questions Room, which will be able to consult the Prosecutor and the own person assisted or represented by his lawyer.
2. A confirmation hearing of the charges pursuant to paragraph 2 (a) of Article 61 shall be held only where the Preliminary Questions Chamber is satisfied that the defendant understands that he has the right to be present at the hearing and the consequences of giving up that right.
3. The Preliminary Questions Chamber may authorise the person to observe the hearing from outside the Chamber by using the communication technologies and, where appropriate, to take the necessary provisions to that end.
4. The waiver of the right to be present in the hearing shall not prevent the Preliminary Chamber of Questions from receiving written observations from the defendant on matters that it is aware of.
Rule 125. Decision to hold a confirmation hearing on the charges in the absence of the defendant.
1. After having concluded the consultations provided for in Rules 123 and 124, the Preliminary Questions Board shall decide whether there is any reason to hold a confirmation hearing on the charges in the absence of the imputed and, if so, whether the charge is may be represented by a lawyer. The Chamber shall, at the appropriate time, fix a date for the hearing and announce it publicly.
2. The decision of the Preliminary Chamber of Questions shall be communicated to the Prosecutor and, if possible, to the defendant or his lawyer.
3. If the Preliminary Questions Board decides not to hold the hearing in the absence of the defendant and the defendant is not at the Court's disposal, the confirmation of the charges may not be made until the defendant has been made available to the Court. Cut. The Chamber may, at the request of the Prosecutor or on its own initiative, reconsider that decision at any time.
4. The Preliminary Questions Chamber, if it decided not to hold the hearing in the absence of the defendant and is at the disposal of the Court, will order its appearance.
Rule 126. Confirmation hearing of the charges in the absence of the defendant.
1. The provisions of Rules 121 and 122 shall apply mutatis mutandis to the preparation and conclusion of the confirmation hearing on charges in the absence of the defendant.
2. If the Chamber of Preliminary Questions accepts the lawyer's participation in the proceedings, the defendant shall exercise on behalf of the defendant all the rights which he or she is entitled to.
3. Where an accused person who has fled is subsequently detained and the Court has confirmed the charges on the basis of which the Prosecutor intends to substantiate the proceedings, the defendant shall be made available to the Chamber of First Instance constituted by pursuant to paragraph 11 of Article 61. The person concerned may request in writing that the Chamber of First Instance refer to the Chamber of Preliminary Questions any questions which are necessary for its effective and impartial operation in accordance with Article 64, paragraph 4.
Section VI. Conclusion of the pretrial phase
Rule 127. Procedure to be followed in case of different decisions on multiple charges.
The Preliminary Questions Room, when you are in a position to confirm some of the charges but suspend the hearing on others pursuant to paragraph 7 (c) of Article 61, may decide that the interested in the Chamber of First Instance, on the basis of the charges which it is in a position to confirm, is suspended pending the continuation of the hearing. The preliminary ruling room may then set a deadline for the Prosecutor to proceed in accordance with paragraph 7 (c) (i) or (ii) of Article 61.
Rule 128. Modification of charges.
1. The Prosecutor, if you intend to modify already confirmed charges before the trial begins, pursuant to Article 61, will request you in writing to the Preliminary Questions Room, which will notify the defendant of the application.
2. Before deciding whether or not to authorize the modification, the Preliminary Questions Room may ask the defendant and the Prosecutor to submit written observations on certain matters of fact or law.
3. The Preliminary Questions Room, if you consider that the modifications proposed by the Prosecutor constitute new charges or more serious charges, will proceed, as the case may be, in accordance with Rules 121 and 122 or Rules 123 to 126.
Rule 129. Notification of the decision on the confirmation of the charges.
The decision of the Preliminary Court of Justice on the confirmation of the charges and the defendant's appearance before the Chamber of First Instance shall be notified, if possible, to the Prosecutor, and to the defendant and his lawyer. The decision and the case file of the proceedings of the Preliminary Questions Room shall be forwarded to the Presidency.
Rule 130. Constitution of the Chamber of First Instance.
The Presidency, when it is the Chamber of First Instance and will refer the case to it, will forward to it the decision of the Chamber of Preliminary Questions and the case of the proceedings. The Presidency may also refer the case to a former Chamber of First Instance.
CHAPTER 6
The procedure in the trial
Rule 131. Case file of the proceedings transmitted by the Preliminary Chamber of Questions.
1. The Registrar shall take the matter of the procedural steps which the Preliminary Questions Chamber has transmitted in accordance with Rule 121 (Rule 121
.2. Subject to the restrictions on confidentiality and the protection of information relating to national security, the case of the Prosecutor, the defence, the representatives of States participating in the process and the victims or their legal representatives participating in the proceedings in accordance with Rules 89 to 91.
Rule 132. Meetings with the parties.
1. As soon as possible after being established, the Chamber of First Instance shall hold a meeting with the parties in order to set the date of the trial. The Chamber may, on its own initiative or at the request of the Prosecutor or the defence, postpone that date. The Chamber shall notify the date of the trial of those involved in the proceedings. The Chamber of First Instance shall ensure that this date and any postponement are made public.
2. In order to facilitate the fair and expeditious course of the proceedings, the Chamber of First Instance may hold meetings with the parties where necessary.
Rule 133. Challenge of admissibility or competition.
The challenge of the jurisdiction of the Court or the admissibility of the case at the beginning of the trial, or subsequently with the authorization of the Court, will be settled by the presiding magistrate and by the Chamber of First Instance of compliance with Rule 58.
Rule 134. Requests related to trial substantiation.
1. Prior to the commencement of the trial, the Chamber of First Instance, on its own initiative or at the request of the Prosecutor or the defence, may decide on any matter relating to the substantiation of the case. Applications submitted by the Prosecutor or the defence shall be made in writing and, unless they are ex parte, they shall be notified to the other party. In case of requests that are not submitted for a former party procedure, the other party will have the opportunity to respond.
2. At the beginning of the trial, the Chamber of First Instance will ask the Prosecutor and the defense if they have any objections or observations regarding the substantiation of the cause that has arisen after the confirmation of the charges. Such objections or observations may not be made or subsequently repeated in the judgment without authorisation of the Chamber of First Instance which substantiates it.
3. Upon initiation of the trial, the Chamber of First Instance, on its own initiative or at the request of the Prosecutor or of the defence, may decide on any matter arising in its course.
Rule 135. Medical recognition of the defendant.
1. The Chamber of First Instance may, for the purposes of fulfilling its obligations under paragraph 8 (a) of Article 64 or for any other reason, or at the request of one of the parties, provide that the defendant shall be subject to medical examination, psychiatric or psychological under the conditions set out in Rule 113.
2. The Chamber of First Instance shall record the reasons for that decision on the file.
3. The Chamber of First Instance shall appoint one or more experts from the list approved by the Secretary or one approved by the Registrar at the request of one of the parties.
4. The Chamber of First Instance, being convinced that the defendant is not in a position to be put on trial, will have the process suspended. The Chamber, on its own initiative or at the request of the Prosecutor or the Defense, may review the case and, in any case, review it every 120 days, unless there are reasons to proceed otherwise. The Chamber may, if it considers it necessary, provide the defendant with new recognitions. The Chamber, when it considers that the defendant is in a position to be put on trial, shall proceed in accordance with Rule 132.
Rule 136. Accumulation and separation of cars.
1. The cars of those who have been jointly charged shall be joined, unless the Chamber of First Instance, on its own initiative or at the request of the Prosecutor or the defence, has its separation to avoid serious prejudice to the defendant, in order to protect the interests of justice or because one of the accused has admitted his guilt and can be prosecuted in accordance with paragraph 2 of article 65.
2. In the event of an accumulation of cars, each defendant shall have the same rights as if he were being processed separately.
Rule 137. Record of the proceedings of the trial.
1. In accordance with Article 64, paragraph 10, the Secretary shall take the necessary measures to open and maintain complete and faithful files of all actions, including transcripts and recordings of audio and video or other means of recording images or sounds.
2. The Chamber of First Instance may provide that all or part of the contents of the file relating to the proceedings in closed doors shall be disclosed where the reasons for which it was laid down are no longer available.
3. The Chamber of First Instance may authorise persons other than the Registrar to take photographs, to make video and audio recordings or to record images or sound by any other means.
Rule 138. Custody of the evidence.
The Secretary shall keep and preserve, as necessary, all evidence and other pieces submitted during the hearing, subject to the providences dictated by the Chamber of First Instance.
Rule 139. Decision on the guilty plea.
1. After having proceeded in accordance with Article 65, paragraph 1, the Chamber of First Instance, in order to decide whether to proceed in accordance with Article 65, paragraph 4, may invite the Prosecutor and the defence to make observations.
2. The Chamber of First Instance shall then take its decision on the guilty plea and shall state its reasons, which shall be recorded in the file.
Rule 140. Instructions for trial and testimony proceedings.
1. If the presiding magistrate of the Chamber of First Instance does not issue instructions pursuant to paragraph 8 of Article 64, the Prosecutor and the defence shall reach an agreement on the order and the manner in which the evidence shall be submitted to the Chamber. If no agreement is reached, the magistrate presiding over the Chamber of First Instance shall issue the instructions in the case.
2. In all cases, subject to the provisions of Article 64 (8) (b) and (9), Article 69 (4) and Rule 88 (5), a witness may be questioned as follows:
(a) The party who submits a testimonial in accordance with paragraph 3 of Article 69 shall have the right to question the witness;
(b) The Prosecutor and the defence shall have the right to question the witness on matters relating to his testimony and his reliability, the credibility of the witness and other relevant matters;
(c) The Chamber of First Instance shall have the right to question the witness before or after the witness is questioned by one of the participants referred to in sub-rules 2 (a) or (b)
d) The defense will have the right to question the witness in the last place.
3. Unless the Chamber of First Instance has anything else, the witness who is not an expert or a researcher, if he has not given up his testimony yet, will not be present when another witness is giving it. However, the witness who has heard the testimony of another will not be disqualified as a witness for that reason alone. Where the witness declares after having heard the testimony of another, the minutes of this fact shall be recorded, which shall be taken into account by the Chamber of First Instance when assessing the evidence.
Rule 141. Closing the trial period and closing arguments.
1. The presiding magistrate of the Chamber shall declare the probationary period closed.
2. The magistrate who chairs the Chamber will invite the Prosecutor and the defense to make their final arguments. The defense will always have the opportunity to talk in the last place.
Rule 142. Deliberations.
1. After the closing arguments, the Chamber of First Instance shall withdraw its deliberations behind closed doors. The Chamber shall communicate to those who have participated in the proceedings the date on which it shall make its judgment known. The judgment shall be delivered within a reasonable time after the Chamber has withdrawn its deliberations.
2. Where there is more than one office, the Chamber of First Instance shall separately fail each of them. When there is more than one defendant, the Room will separately rule the charges against each defendant.
Rule 143. Additional hearings on issues relating to the imposition of penalty or reparation.
In accordance with paragraphs 2 and 3 of Article 76, for the purpose of holding a new hearing on matters relating to the imposition of the penalty and, where appropriate, the repair, the magistrate presiding over the Chamber shall fix the date of the new hearing. This may be deferred, in exceptional circumstances, by the Chamber of First Instance, on its own initiative or at the request of the Prosecutor, the defence or the legal representatives of the victims participating in the proceedings in accordance with the provisions of the rules 89 to 91 and, in the case of the hearing relating to the repair, the victims who have submitted an application in accordance with Rule 94.
Rule 144. Notice of decisions of the Chamber of First Instance.
1. Decisions of the Court of First Instance concerning the admissibility of a case, the jurisdiction of the Court, the criminal liability of the defendant, the imposition of the penalty or the reparation shall be made publicly and, where possible, in the presence of the accused, the Prosecutor, the victims or their legal representatives participating in the proceedings in accordance with Rules 89 to 91 and the representatives of the States who have participated in the proceedings.
2. Copies of the above decisions will be made as soon as possible:
(a) Those who have participated in the proceedings, in one of the working languages of the Court;
(b) The defendant, in a language that he or she understands or speaks perfectly, when necessary, to satisfy the equity requirements set forth in paragraph 1 (f) of Article 67.
CHAPTER 7
Of the penalties
Rule 145. Imposition of the penalty.
1. The Court, in imposing a penalty in accordance with paragraph 1 of Article 78:
(a) You shall be aware that the entire penalty of imprisonment or fine, as appropriate, imposed pursuant to Article 77 should reflect circumstances that exempt criminal liability;
(b) Ponderara all relevant factors, including attenuating and aggravating factors, and take into account the circumstances of the offender and those of the crime;
c) In addition to the factors referred to in paragraph 1 of Article 78, it shall take into account, inter alia, the extent of the damage caused, in particular to the victims and their families, the nature of the unlawful conduct and the means employees to perpetrate the crime, the degree of involvement of the sentenced person, the degree of intentionality, the circumstances of the sentenced person, time and place, and the age, instruction and social and economic status of the sentenced person.
2. In addition to the factors mentioned in the preceding rule, the Court shall take into account, as appropriate:
a) Mitigating circumstances such as the following:
i) Circumstances that do not constitute grounds for exoneration of criminal liability, such as substantially diminished mental capacity or coercion;
(ii) The conduct of the sentenced person after the act, including what he has done to compensate the victims or cooperate with the Court;
b) As aggravating circumstances:
i) Any previous conviction for crimes of the Court's jurisdiction or similar nature;
ii) Abuse of power or official office;
iii) That the crime was committed when the victim was especially defenseless;
iv) That the crime has been committed with special cruelty or there have been many victims;
v) That the crime has been committed for any reason that would be discriminated against by some of the causals referred to in paragraph 3 of Article 21;
vi) Other circumstances which, although not listed above, by their nature are similar to those mentioned.
3. The sentence of imprisonment may be imposed in perpetuity where the extreme seriousness of the crime and the personal circumstances of the sentenced person are justified by the existence of one or more aggravating circumstances.
Rule 146. Imposition of fines pursuant to Article 77.
1. In order to decide whether to impose a fine pursuant to paragraph 2 (a) of Article 77 and to fix its amount, the Court shall consider whether the sentence of imprisonment is sufficient. The Court shall take due account of the financial capacity of the sentenced person, considering, inter alia, whether a confiscation pursuant to Article 77 (2) (b) has been imposed and, where appropriate, a repair in accordance with Article 75. The Court will take into account, in addition to the factors indicated in Rule 145, whether the crime was motivated by the personal profit motive and to what extent.
2. The fines imposed pursuant to paragraph 2 (a) of Article 77 shall be of an appropriate amount. To this end, the Court, in addition to the factors mentioned above, will take into account, in particular, the damages caused and the corresponding benefits derived from the crime that the author perceives. Under no circumstances shall the total amount exceed 75% of the value of the goods and identifiable goods, liquids or realisable goods of the sentenced person, after deduction of an adequate amount to serve the economic needs of the convicted and their family members in charge.
3. When imposing a fine, the Court must set a reasonable time limit for the penalty to be paid. The Court may decide that the payment shall be made at one time or in several instalments, within the time limit set.
4. When imposing a fine, the Court may, by way of optional, calculate it according to a system of fine-days. In such a case, the minimum duration shall be 30 days and the maximum of five years. The Court shall decide the total amount of the fine in accordance with sub-rules 1 and 2 and shall determine the daily sum to be paid taking into account the individual circumstances of the sentenced person, including the financial needs of his or her family members. in charge.
5. If the sentenced person does not pay the fine imposed under the conditions set out above, the Court may take the measures in compliance with Rules 217 to 222 and in accordance with Article 109. If the convicted person persists in his deliberate failure to pay and if the Presidency, on its own initiative or at the request of the Prosecutor, concludes that all applicable implementing measures have been exhausted, it may be the last resort to prolong the detention. for a period not exceeding one quarter of the penalty and not exceeding five years. When determining the extension, the Presidency shall take into account the amount of the fine imposed and paid. The extension shall not apply in the case of a sentence of imprisonment in perpetuity. The extension shall not make the period of detention more than 30 years.
6. In order to resolve if it orders an extension, and the duration of the extension, the Presidency will convene a closed meeting in order to hear the convict and the Prosecutor. The sentenced person shall be entitled to the assistance of a lawyer.
7. The Court, when imposing a fine, shall warn the sentenced person that, if he does not pay the fine, the duration of his detention may be extended in accordance with this rule.
Rule 147. Confiscation orders.
1. In accordance with Article 76 (2) and (3) and with Rules 63.1 and 143, in the hearings relating to a confiscation order, the Chamber shall receive evidence as to the identification and location of the product, the goods and the assets directly or indirectly from the crime.
2. The Chamber, if in the course of the hearing or before it becomes aware of the existence of a third party in good faith that appears to have an interest in the product, the goods or the assets in question, will make a notification to it.
3. The Prosecutor, the convicted person and the third party in good faith who has an interest in the product, the goods or the assets in question may submit evidence relating to the matter.
4. The Chamber, after examining the evidence submitted, may issue a confiscation order for the product, the goods or the assets if it has been satisfied that they come directly or indirectly from the crime.
Rule 148. Order of transfer of the fines or forfeiture to the Trust Fund.
Before issuing an order in accordance with paragraph 2 of Article 79, the Chamber may ask the representatives of the Fund to submit written or oral observations to it.
CHAPTER 8
The appeal and review
Section I. General provisions
Rule 149. Rules regarding the procedure in the Appellate Chamber.
Chapters 5 and 6 and the rules relating to the procedure and the presentation of evidence in the Chamber of Preliminary Questions and the Chamber of First Instance shall apply, mutatis mutandis, to the procedure in the Chamber of Appeals.
Section II. Appeal of the conviction or absolute sentence, of the penalty or of the decision to grant reparation
Rule 150. Appeal.
1. Subject to sub-rule 2, the judgment in order or absolute judgment given in accordance with Article 74, the penalty imposed in accordance with Article 76 or the decision to grant a compensation in accordance with Article 75 may be appealed within the the 30 days following the date on which the appellant is notified of the judgment, penalty or decision.
2. If there is sufficient basis and upon request from the party seeking to appeal, the Board of Appeal may extend the period laid down in sub-rule 1.
3. The appeal will be filed with the Secretary.
4. If the appeal is not brought in the manner set out in sub-rules 1 to 3, the judgment, penalty or decision of the Chamber of First Instance shall be final.
Rule 151. Procedure for appeal.
1. Once an appeal has been filed under Rule 150, the Registrar will transmit the case file to the Appeals Chamber.
2. The Registrar shall notify all parties who have participated in the proceedings before the Chamber of First Instance that an appeal has been lodged.
Rule 152. Withdrawal of the appeal.
1. The appellant may withdraw the appeal at any time before the judgment is delivered. In that case, it shall communicate the withdrawal to the Registrar in writing, which shall notify the other parties.
2. The Prosecutor, having filed an appeal on behalf of a convict in accordance with paragraph 1 (b) of Article 81, before submitting a letter of withdrawal of the appeal shall inform the sentenced person who intends to do so, that you have the ability to continue the appeal.
Rule 153. Judgment of the appeal of a decision regarding the repair.
1. The Board of Appeal may confirm, leave without effect or amend a repair given in accordance with Article 75.
2. The Board of Appeal shall decide in accordance with paragraphs 4 and 5 of Article 83.
Section III. Appeal of other decisions
Rule 154. Appeals for which no court authorization is required.
1. The decisions referred to in paragraph (3) (c) (ii) of Article 81 or Article 82 (1) (a) or (b) may be appealed within five days of the date of their notification.
2. The decisions referred to in paragraph 1 (c) of Article 82 may be appealed within two working days following the date of their notification.
3. The provisions of sub-rules 3 and 4 of Rule 150 shall apply to appeals filed in accordance with the preceding sub-rules.
Rule 155. Appeals for which the Court's authorization is required.
1. The party wishing to appeal a decision pursuant to paragraph 1 (d) of Article 82 or paragraph 2 of the same Article shall, within five days of the date on which it is notified, submit a written request to the Chamber which has dictation, stating the reasons why you are asking for authorization to appeal.
2. The Chamber shall make a decision and notify it to all parties to the procedure in which the decision referred to in sub-rule 1 has been made.
Rule 156. Appeal procedure.
1. As soon as an appeal has been lodged in accordance with Rule 154 or has been granted authorisation to appeal in accordance with Rule 155, the Registrar shall forward to the Court of Appeal the file of the proceedings of the Chamber which has issued the appealed decision.
2. The Registrar shall notify the appeal to all parties in the proceedings before the Chamber which has issued the appealed decision, unless the Chamber has already done so in accordance with Rule 155 sub-rule 2.
3. The appeal will be dealt with in writing, unless the Appellate Court decides to hold a hearing.
4. The appeal will be dealt with as expeditiously as possible.
5. The party that makes the appeal may request that the appeal be suspended in accordance with paragraph 3 of Article 82.
Rule 157. Withdrawal of the appeal.
Who has filed an appeal pursuant to Rule 154 or has obtained authorization from the Chamber to appeal a decision pursuant to Rule 155 may desist from it at any time before it is issued. sentence. In that case, it shall communicate the withdrawal to the Registrar in writing, which shall notify the other parties.
Rule 158. Judgment of the appeal.
1. The Appellate Chamber, which is aware of one of the appeals referred to in this Section, may confirm, leave without effect or modify the decision appealed.
2. The Court of Appeal shall give its judgment in accordance with paragraph 4 of Article 83.
Section IV. Review of the sentence or sentence
Rule 159. Review request.
1. The request for review referred to in Article 84 (1) shall be submitted in writing and shall be made in the form of an indication of its causes. As far as possible, it will be accompanied by a background to justify it.
2. The determination of whether the application will be made shall be taken by a majority of the magistrates of the Appellate Chamber, who shall give written evidence of the reasons for the application.
3. The determination shall be notified to the applicant and, as far as possible, to all parties who have participated in the actions related to the initial decision.
Rule 160. Transfer to the purposes of the review.
1. For the purposes of the view referred to in Rule 161, the competent Chamber shall provide a providence in good time for the sentenced person to be transferred to the seat of the Court as appropriate.
2. The decision of the Court shall be communicated without delay to the executing State.
3. The provisions of sub-rule 3 of Rule 206 shall apply.
Rule 161. Determination regarding the review.
1. The Chamber shall hold a hearing on a date which it shall fix and notify the applicant and those notified in accordance with Rule 159 (3) to determine whether or not to review the judgment of the Court of penalty.
2. For the purposes of the hearing, the Chamber shall exercise, mutatis mutandis, all the powers of the Chamber of First Instance in accordance with Part VI and the rules relating to the procedure and the presentation of evidence in the Chamber of Questions. Preliminary and the Chamber of First Instance.
3. The judgment concerning the review shall be governed by the applicable provisions of paragraph 4 of Article 83.
CHAPTER 9
Crimes against the administration of justice and misconduct in the Court
Section I. Crimes against the administration of justice pursuant to Article 70
Rule 162. Exercise of jurisdiction.
1. The Court, before deciding whether to exercise its jurisdiction, may consult with States Parties that may have jurisdiction in respect of the offence.
2. When deciding whether or not to exercise its jurisdiction, the Court may take into account, in particular:
a) The possibility and effectiveness of prosecution in a State Party;
b) The severity of a crime;
(c) The possibility of collecting charges submitted pursuant to Article 70 with charges filed under Articles 5 to 8;
d) The need to streamline the procedure;
e) Links to an ongoing investigation or trial before the Court; and
f) Test considerations.
3. The Court shall give favourable consideration to the request of the host State to give up its power to exercise jurisdiction in cases where the host State considers that the resignation is of particular importance.
4. If the Court decides not to exercise its jurisdiction, it may request a State Party to do so in accordance with paragraph 4 of Article 70.
Rule 163. Application of the Staff Regulations and Rules.
1. Unless otherwise provided in Subrules 2 and 3, Rule 162 or Rules 164 to 169, the Statute and Rules shall apply, mutatis mutandis, to the investigation, prosecution and punishment by the Court of the offences indicated in Article 70.
2. The provisions of Part II of the Staff Regulations and the rules relating thereto shall not apply, with the exception of Article 21.
3. The provisions of Part X of the Staff Regulations and the rules relating thereto shall not apply, with the exception of Articles 103, 107, 109 and 111.
Rule 164. Limitation periods.
1. If the Court exercises jurisdiction in accordance with Rule 162, it shall apply the limitation periods set out in this Rule.
2. The offences referred to in Article 70 shall be prescribed in five years from the date on which they were committed, provided that the investigation or prosecution has not been initiated during that period. The limitation period shall be interrupted if, during its course, the Court or a State Party having jurisdiction in the case in accordance with paragraph 4 (a) of Article 70 has initiated the investigation or prosecution.
3. Penalties imposed in respect of the offences referred to in Article 70 shall be prescribed in ten years from the date on which the judgment has been enforced. The limitation period shall be interrupted if the sentenced person is detained or while he is not in the territory of any State Party.
Rule 165. Investigation, prosecution and prosecution.
1. The Prosecutor may initiate and make ex officio investigations in connection with the offences referred to in Article 70 on the basis of information transmitted by a Chamber or by a reliable source.
2. Articles 53 and 59, or rules relating to them, shall not apply.
3. For the purposes of Article 61, the Preliminary Working Party may make any of the determinations referred to in that Article on the basis of written submissions, without taking a view, unless it is necessary in the interests of the justice.
4. The Chamber of First Instance may, where appropriate and taking into account the rights of the defence, provide that the charges under Article 70 and the charges under Articles 5 to 8 are to be accumulated.
Rule 166. Penalties in accordance with Article 70.
1. If the Court applies sanctions in accordance with Article 70, this rule shall apply.
2. Article 77 and the rules relating to it shall not apply, with the exception of confiscation pursuant to paragraph 2 (b) of Article 77, which may be ordered in addition to imprisonment, fine or both.
3. Each offence may be punishable by a separate fine and fines may be collected. Under no circumstances shall the total amount exceed 50% of the value of the assets and identifiable, liquid or realisable assets of the sentenced person, after deduction of an adequate amount which would serve to meet the economic needs of the convicted and their family members in charge.
4. When imposing a fine, the Court must set a reasonable time limit for the penalty to be paid. The Court may decide that the payment shall be made at one time or in several instalments, within the time limit set.
5. If the sentenced person does not pay the fine imposed under the conditions set out in sub-rule 4, the Court may take the measures in compliance with Rules 217 to 222 and in accordance with Article 109. If the person convicted in his or her deliberate non-payment attitude and the Court, or at the request of the Prosecutor, concludes that all applicable implementing measures have been exhausted, it may be the last resort to impose a sentence of imprisonment. pursuant to paragraph 3 of Article 70. When determining the period of imprisonment, the Court shall take into account the amount of the fine imposed and paid.
Rule 167. International cooperation and judicial assistance.
1. With respect to the offences referred to in Article 70, the Court may request a State to provide international cooperation or judicial assistance in any form corresponding to those provided for in Part IX of the Statute. In making such a request, the Court shall indicate that the investigation or prosecution of a crime is based on Article 70.
2. The conditions for providing the Court with international cooperation or judicial assistance in respect of an offence referred to in Article 70 shall be as set out in paragraph 2 of that Article.
Rule 168. Res judicata.
With respect to the offences referred to in Article 70 of the Statute, no person shall be put before the Court for conduct which has constituted the basis of a crime for which he has already been convicted or acquitted by the Court of Justice. Court or other court.
Rule 169. Immediate stop.
In the event that a Chamber is committed a crime of those referred to in Article 70, the Prosecutor may verbally request the Chamber to decree the immediate arrest of the author.
Section II. Misconduct in the Court in accordance with Article 71
Rule 170. Alteration of the order in the proceedings of the Court.
The presiding magistrate of the Chamber who is aware of a cause may, taking into account paragraph 2 of Article 63, and after making a warning:
(a) Order that the person who alters the order in the proceedings of the Court leaves the court voluntarily or by force; or,
b) In the event of repeated misconduct, order that their presence be prohibited in such clarifications.
Rule 171. Refusal to comply with a court order.
1. Where the misconduct consists in the deliberate refusal to comply with a written or oral order of the Court to which Rule 170 is not applicable and the order is accompanied by the warning to impose a penalty in case of not being complied with, the magistrate that the Chamber known to the cause may order the assistance of the author to be prohibited for a period of not more than 30 days or, if the misconduct is more serious, may impose a fine.
2. If the person who commits the misconduct indicated in the preceding paragraph is an official of the Court, a defense lawyer or a legal representative of the victims, the magistrate who is in the Chamber who knows the cause may also order that disabled from the exercise of his or her duties before the Court for a period not exceeding 30 days.
3. If the magistrate presiding over the Chamber in the cases referred to in sub-rules 1 and 2 considers that a longer period of disablement should be fixed, he shall refer the matter to the Presidency, which may hold a hearing to determine whether the prohibition or disablement must be longer or permanent.
4. The fine imposed in accordance with sub-rule 1 shall not exceed EUR 2 000 or its equivalent in another currency, unless, where the lack of conduct persists, a new fine may be imposed for each day on which it persists and the fines may be accumulated.
5. The author of the misconduct will have the opportunity to defend himself before a penalty is imposed in accordance with this rule.
Rule 172. Conduct referred to in Articles 70 and 71.
If the conduct referred to in Article 71 is also one of the offences referred to in Article 70, the Court shall proceed in accordance with Article 70 and Rules 162 to 169.
CHAPTER 10
Compensation of the detainee or convicted
Rule 173. Application for compensation.
1. Anyone who wishes to obtain compensation for any of the reasons set out in Article 85 shall submit a written request to the Presidency, which shall appoint a Chamber composed of three magistrates to be heard from. None of the magistrates must have participated in an earlier court ruling concerning the applicant.
2. The application for compensation shall be submitted no later than six months after the date on which the applicant has been notified of the decision of the Court concerning:
(a) The illegality of detention or detention in accordance with paragraph 1 of Article 85;
(b) The cancellation of the sentence in accordance with paragraph 2 of Article 85;
(c) The existence of a serious and manifest error in accordance with paragraph 3 of Article 85.
3. The application shall indicate its fundamentals and the amount of compensation to be requested.
4. Who applies for compensation shall be entitled to legal assistance.
Rule 174. Procedure for applying for compensation.
1. The application for compensation and the written observations made by the applicant shall be transmitted to the Prosecutor, who shall have the opportunity to reply in writing. The observations of the Prosecutor shall be transmitted to the applicant.
2. The Board designated in accordance with Rule 173 sub-rule 1 shall hold a hearing or give a decision on the basis of the application and the written observations submitted by the Prosecutor and the applicant. A hearing must be held if requested by the Prosecutor or the person seeking compensation.
3. The decision will be taken by a majority of the magistrates and will be notified to the Prosecutor and the applicant.
Rule 175. Amount of compensation.
By fixing the amount of compensation in accordance with Article 85, paragraph 3, the Chamber designated pursuant to Rule 173 sub-rule 1 shall take into account the consequences of the serious judicial error and manifest for the personal, family, social or professional situation of the applicant.
CHAPTER 11
International cooperation and judicial assistance
Section I. Applications for cooperation under Article 87
Rule 176. Court organs responsible for transmitting and receiving communications concerning international cooperation and judicial assistance.
1. Once the Court has been established, the Secretary shall obtain from the Secretary-General of the United Nations the communications made by the States in accordance with paragraphs 1 (a) and 87 (2).
2. The Registrar shall transmit the requests for cooperation made by the Chambers and shall receive the answers, information and documents submitted by the requested States. The Office of the Prosecutor General shall transmit the requests for cooperation made by the Prosecutor and shall receive the answers, information and documents submitted by the requested States.
3. The Secretary shall receive the communications made by the States in relation to further changes in the designation of the national conduits responsible for receiving the requests for cooperation, as well as changes in the language in which they are to be made requests for cooperation and, upon request, shall make such information available to the States Parties as appropriate.
4. The provisions of sub-rule 2 shall apply mutatis mutandis to cases where the Court requests information, documents or other forms of cooperation or assistance from an intergovernmental organisation.
5. The Secretariat shall transmit the communications referred to in sub-rules 1 and 3 and sub-rule 2 of Rule 177, as appropriate, to the Presidency, the Prosecutor's Office or both.
Rule 177. Communication conduits.
1. In communications concerning the national authority responsible for receiving requests for cooperation made on the date of ratification, acceptance, approval or accession, all relevant information on that authority shall be provided.
2. Where an intergovernmental organisation is required to provide assistance to the Court in accordance with Article 87 (6), the Registrar shall, if necessary, identify his designated communication line and obtain all information relating to the the.
Rule 178. Language chosen by a State Party in accordance with paragraph 2 of Article 87.
1. The requested State Party which has more than one official language may indicate to the date of ratification, acceptance, approval or accession that the requests for cooperation and the documents justifying them may be drawn up in any of the their official languages.
2. Where the requested State Party has not chosen the date of ratification, acceptance, accession or approval of a language for communications with the Court, the request for cooperation shall be made in one of the working languages of the Court with Article 87, paragraph 2, or is accompanied by a translation into one of those languages.
Rule 179. Language of applications addressed to States which are not parties to the Staff Regulations.
Where a State which is not party to the Staff Regulations has agreed to provide assistance to the Court in accordance with Article 87 (5) and has not chosen a language for requests for cooperation, they shall be made in one of the The working languages of the Court or shall be accompanied by a translation into one of those languages.
Rule 180. Changes in communication lines or in the language of requests for cooperation.
1. Changes relating to the communication line or the language chosen by a State in accordance with paragraph 2 of Article 87 shall be communicated in writing to the Registrar as soon as possible.
2. These changes shall enter into force in respect of the requests for cooperation made by the Court within the period in which the Court and the State agree or, if there is no agreement, 45 days after the date on which the Court has received the communication and, in all the cases, without prejudice to ongoing or pending applications.
Section II. Delivery, transit and concurrent requests pursuant to Articles 89 and 90
Rule 181. Challenge the admissibility of a case before a national court.
In the situations referred to in paragraph 2 of Article 89, without prejudice to the provisions of Article 19 and Rules 58 to 62 concerning the procedure applicable to the challenges of the jurisdiction of the Court or of the admissibility of a case and if a decision on the admissibility has not yet been taken, the Chamber of the Court hearing the case shall take measures to obtain from the requested State all the relevant information about the challenge which is has submitted on the basis of the principle of res judicata.
Rule 182. Application for transit authorisation in accordance with paragraph 3 (e) of Article 89.
1. In the situations referred to in paragraph 3 (e) of Article 89, the Court may transmit the application for transit authorization by any means capable of leaving a written record.
2. Where the time limit laid down in Article 89 (3) (e) has expired and the detainee has been released, this shall be without prejudice to the fact that he is subsequently detained in accordance with the provisions of Article 89 or Article 92.
Rule 183. Possible temporary delivery.
Once the consultations referred to in paragraph 4 of Article 89 have been held, the requested State may temporarily provide the requested person with the conditions that the requested State and the Court have decided. In such a case, that person shall remain in detention as long as his/her presence in the Court is necessary and shall be transferred to the requested State where such presence is no longer necessary and, at the latest, when the proceedings have been completed.
Rule 184. Paperwork for delivery.
1. The requested State shall immediately inform the Registrar when the person seeking the Court is in a position to be delivered.
2. The person shall be delivered to the Court on the date and manner agreed upon by the authorities of the requested State and the Registrar.
3. If the circumstances prevent the delivery of the person on the agreed date, the authorities of the requested State and the Registrar shall agree on the new date of delivery and the manner in which it shall be effected.
4. The Registrar shall be in contact with the authorities of the host State in connection with the proceedings for the surrender of the person to the Court.
Rule 185. Release of a person at the disposal of the Court for reasons other than compliance with the judgment.
1. Subject to the provisions of sub-rule 2, where the person handed over to the Court is released because the Court has no jurisdiction or the cause is inadmissible pursuant to Article 17 (1) (b), (c) or (d) of the Staff Regulations, the charges shall not The Court of First Instance has been confirmed in accordance with Article 61, that the judgment has been given in the first instance or appeal or for any other reason, the Court shall adopt as soon as possible the provisions it deems appropriate for its transfer, taking into account their comments, a State which is obliged to receive it, to another State which consents to receive it or to a State that has requested his extradition, prior to the consent of the State that has initially made the delivery. In this case, the host State shall facilitate the transfer in accordance with the agreement referred to in paragraph 2 of Article 3 and the related provisions.
2. The Court, if it determines that the cause is inadmissible pursuant to paragraph 1 (a) of Article 17, shall make the arrangements necessary for the transfer to a State whose investigation or prosecution has constituted the basis for challenging the admissibility, unless the State that initially delivered the person requests their return.
Rule 186. Concurrent requests in the context of an impeachment of the admissibility of the cause.
In the situations referred to in paragraph 8 of Article 90, the requested State shall notify its decision to the Prosecutor so that the Prosecutor may take the measures provided for in paragraph 10 of Article 19.
Section III. Documents accompanying the application for detention and delivery in accordance with Articles 91 and 92
Rule 187. Translation of documents accompanying the application for delivery.
For the purposes of paragraph 1 (a) of Article 67, and in accordance with Rule 117 (1), the application provided for in Article 91 shall be accompanied, as appropriate, by a translation of the arrest warrant or of the judgment. (a) a conviction and a translation of the text of the applicable provisions of the Staff Regulations into a language which the requested person understands and speaks perfectly.
Rule 188. Deadline for the submission of documents after provisional detention.
For the purposes of paragraph 3 of Article 92, the period within which the requested State must receive the request for delivery and the documents to be justified shall be 60 days from the date of the provisional detention.
Rule 189. Transmission of documents justifying the request.
If a person has consented to the delivery in accordance with paragraph 3 of Article 92 and the requested State delivers it to the Court, the Court shall not be required to provide the documents referred to in Article 91 unless the Required state to ask for it.
Section IV. Cooperation in accordance with Article 93
Rule 190. Instruction on the self-incrimination attached to the request for the appearance of a witness.
When a request is made pursuant to paragraph 1 (e) of Article 93 in respect of a witness, the Court shall attach an instruction on Rule 74, relating to self-incrimination, to be given to the witness in a language to speak and understand perfectly.
Rule 191. Securities issued by the Court pursuant to paragraph 2 of Article 93.
The Chamber known to the cause may give the securities referred to in paragraph 2 of Article 93 of its own motion or at the request of the Prosecutor, the defence or the witness or expert concerned and taking into account the views of the Prosecutor and the witness or expert concerned.
Rule 192. Moving a stopped.
1. The transfer of a detainee to the Court in accordance with paragraph 7 of Article 93 shall be organised by the national authorities concerned in coordination with the Secretary and the authorities of the host State.
2. The Registrar shall ensure that the transfer is carried out in due form, including the surveillance of the detainee while at the disposal of the Court.
3. The detainee who is at the disposal of the Court shall have the right to raise questions concerning the conditions of his detention before the Court of Justice.
4. In accordance with paragraph 7 (b) of Article 93, once the transfer has been completed, the Secretary shall arrange for the return of the detainee to the requested State.
Rule 193. Temporary move from the Execution State.
1. The Chamber which is aware of the case may order the temporary transfer of the executing State to the seat of the Court of a person convicted by it whose testimony or other type of assistance is necessary. The provisions of paragraph 7 of Article 93 shall not apply.
2. The Secretary, in coordination with the authorities of the executing State and those of the host State, shall ensure that the transfer takes place in due form. Where the purposes of the shipment have been fulfilled, the Court shall return the sentenced person to the executing State.
3. The convict will be held in detention for the duration of his presence before the Court. It will be deducted from the penalty that remains for the entire period of detention at the Court's headquarters.
Rule 194. Request for cooperation from the Court.
1. In accordance with Article 93, paragraph 10, and in accordance with Article 96 mutatis mutandis, a State may refer to the Court a request for cooperation or assistance translated or accompanied by a translation into one of the languages of Court work.
2. The applications referred to in sub-rule 1 shall be sent to the Registrar, who shall forward them, as appropriate, to the Prosecutor or the Chamber concerned.
3. Where protective measures have been taken within the meaning of Article 68, the Prosecutor or the Chamber, as the case may be, shall take into account the observations of the Chamber which has ordered the adoption of the measures, before deciding on the application. such as those of the victims or witnesses concerned.
4. Where the application relates to the documents or evidence referred to in paragraph 10 (b) (ii) of Article 93, the Prosecutor or the Chamber, as the case may be, shall seek the written consent of the State concerned before it is given a course.
5. If the Court decides to give rise to a request for cooperation or assistance from a State, the application shall be complied with, as far as possible, in accordance with any procedure indicated by the requesting State and authorising the presence of the persons listed in it.
Section V. Cooperation under Article 98
Rule 195. Provision of information.
1. The requested State that notifies the Court that a request for delivery or assistance raises a problem of execution in relation to Article 98, shall provide all the information that serves the Court to apply that article. Any third State concerned or the sending State may provide additional information to assist the Court.
2. The Court shall not proceed to a request for delivery without the consent of the sending State if, pursuant to paragraph 2 of Article 98, it is incompatible with the obligations imposed by an international agreement under which the consent of the sending State before handing the Court to a person of that State.
Section VI. Rule of the speciality in accordance with Article 101
Rule 196. Submission of comments on paragraph 1 of Article 101.
The person submitted to the Court may submit observations when he considers that the provisions of paragraph 1 of Article 101 have been infringed.
Rule 197. Extension of the delivery.
When the Court has asked to be waived for compliance with the requirements laid down in paragraph 1 of Article 101, the requested State may ask that it be entitled to and transmit the observations of the person delivered.
CHAPTER 12
From the execution of the penalty
Section I. Function of States in the execution of custodial sentences and change in the designation of the executing State in accordance with Articles 103 and 104
Rule 198. Communications between the Court and the States.
Unless the context indicates otherwise, Article 87 and Rules 176 to 180 shall apply, as appropriate, to communications between the Court and a State on matters relating to the execution of the penalty.
Rule 199. Body in charge of the functions of the Court in accordance with Part X.
Unless otherwise provided in the Rules, the functions of the Court in accordance with Part X shall be exercised by the Presidency.
Rule 200. List of Execution States.
1. The Secretary shall prepare and maintain a list of the States that have indicated that they are prepared to receive convictions.
2. The Presidency shall not include a State in the list referred to in Article 103 (1) (a) if it does not agree with the conditions it lays down. The Presidency may, before taking a decision, gather additional information from that State.
3. The State which has placed the conditions for acceptance may withdraw them at any time. Amendments or additions to these conditions shall be subject to the confirmation of the Presidency.
4. A State may at any time communicate to the Secretary who is withdrawing from the list, but this shall not affect the execution of the penalties for persons whom the State has already accepted.
5. The Court may conclude bilateral agreements with States with a view to establishing a framework for the receipt of the prisoners it has condemned. Such agreements shall be compatible with the Staff Regulations.
Rule 201. The principles of equitable distribution.
The principles of equitable distribution for the purposes of paragraph 3 of Article 103 shall consist of:
a) The principle of equitable geographical distribution;
b) The need to give each of the listed states the opportunity to receive a sentence;
(c) The number of convicts already received by that State and other executing States;
d) Other relevant factors.
Rule 202. Time of delivery of the sentenced person to the executing State.
The Court shall not surrender the sentenced person to the designated executing State unless the sentence and the decision on the sentence have become final.
Rule 203. Comments of the sentenced person.
1. The Presidency shall notify in writing the sentenced person who is studying the designation of a State for the execution of the sentence. The sentenced person shall, within the time limit set by the Presidency, submit to him in writing his observations on the matter.
2. The Presidency may authorise the sentenced person to make oral presentations.
3. The Presidency shall authorise the sentenced person:
(a) Contar with the assistance, as appropriate, of a competent interpreter and the necessary translation services to present their observations;
b) Contar with sufficient time and the facilities necessary to prepare the presentation of your observations.
Rule 204. Information regarding the designation.
The Presidency, when notifying its decision to the designated State, will also transmit the following data and documents:
(a) The name, nationality, date and place of birth of the sentenced person;
b) A copy of the final damning judgment and of the decision in which the penalty is imposed;
c) The duration of the conviction, the start date and the time that remains to be met;
d) Once you hear the comments of the sentenced person, all the necessary information about your health status, including any medical treatment you are receiving.
Rule 205. Rejection of the designation in a given case.
When, in a given case, a State rejects the designation made by the Presidency, it may designate another State.
Rule 206. Delivery of the sentenced person to the executing State.
1. The Registrar shall communicate to the Prosecutor and to the sentenced person that the State has been designated for the execution of the sentence.
2. The sentenced person shall be delivered to the designated executing State as soon as possible after acceptance.
3. The Registrar shall, in consultation with the authorities of the executing State and the host State, ensure that the delivery of the sentenced person is carried out in due form.
Rule 207. Transit.
1. No authorisation shall be required if the sentenced person is transferred by air and is not expected to land in the territory of the State of transit. If there is an unanticipated landing on the territory of the State of transit, the State of transit shall, as far as possible in accordance with the procedure laid down in its domestic law, hold the sentenced person until he receives a request for a transit in accordance with the provisions of sub-rule 2 or a request for interim surrender or detention in accordance with Article 89, paragraph 1 or Article 92.
2. The States Parties shall, as far as possible in accordance with the procedure laid down in their national law, authorise the transit of a condemned person for their territories and shall apply, as appropriate, the provisions of paragraph 3 (b) and (c) of the Article 89 and Articles 105 and 108, as well as the rules relating to those articles. The application for transit shall be accompanied by a copy of the final conviction and of the decision imposing the sentence.
Rule 208. Expenses.
1. The executing State shall bear the ordinary costs incurred by the execution of the penalty on its territory.
2. The Court shall bear the other costs, including those relating to the carriage of the sentenced person and those referred to in paragraph 1 (c), (d) and (e) of Article 100
Rule 209. Change in the designation of the executing State.
1. The Presidency, on its own initiative or at the request of the sentenced person or the Prosecutor, may at any time proceed in accordance with the provisions of paragraph 1 of Article 104.
2. The request of the convict or the Prosecutor shall be made in writing and shall contain the reasons for the request for the transfer.
Rule 210. Procedure for the change in the designation of the executing State.
1. The Presidency, before deciding to change the designation of an executing State, may:
a) Collect the observations of the executing State;
b) Examine written or oral submissions made by the convict or the Prosecutor;
(c) Examine written or oral observations that may be made in relation to, inter alia, the sentenced person;
d) To collect all other relevant information from any source.
2. It shall be applicable, as appropriate, to rule 203 sub-rule 3.
3. The Presidency, if it does not give rise to the change in the designation of the executing State, shall communicate as soon as possible to the sentenced person, the Prosecutor and the Registrar his decision and the reasons for it. The Presidency shall also inform the executing State.
Section II. Execution of the penalty, supervision and transfer in accordance with Articles 105, 106 and 107
Rule 211. Supervision of execution of the sentence and conditions of imprisonment.
1. In order to monitor the execution of prison sentences, the Presidency shall:
(a) In consultation with the executing State, it shall ensure that, when making arrangements for the exercise by the sentenced person of his right to communicate with the Court about the conditions of the detention, the provided for in paragraph 3 of Article 106;
(b) May, where necessary, request information, reports or advice from experts to the executing State or to reliable sources;
(c) May, where appropriate, delegate to a magistrate of the Court or an official of the Court the function of, after notification to the executing State, to meet with the sentenced person and to listen to his observations without the presence of national authorities;
(d) May, where appropriate, give the executing State the opportunity to comment on the comments made by the sentenced person in accordance with sub-rule 1 (c).
2. Where the sentenced person fulfils the conditions for entitlement to a prison scheme or benefit under the national law of the executing State which may involve a certain degree of activity outside the prison establishment, the executing State communicate that circumstance to the Presidency together with the information or observations enabling the Court to exercise its supervisory function.
Rule 212. Information on the location of the person for the purpose of the execution of the fines and confiscation orders, as well as of the repair measures.
For the purposes of the execution of the fines and confiscation orders, as well as of the repair measures ordered by the Court, the Presidency may, at any time or at least 30 days before the date of the conviction (s) terminate the sentence, ask the executing State to pass on the relevant information about its intention to authorize the sentenced person to remain in its territory or the place where it intends to transfer it.
Rule 213. Procedure relating to paragraph 3 of Article 107.
In the case of paragraph 3 of Article 107, the procedure described in Rules 214 and 215 shall apply, as appropriate.
Section III. Limitations on prosecution or punishment for other offences under Article 108
Rule 214. Request for processing or execution of a previous conduct penalty.
1. For the purposes of applying Article 108, where the executing State wishes to prosecute the sentenced person or to carry out a sentence for conduct prior to his transfer, he shall communicate it to the Presidency and transmit the following documents to him:
(a) An exposure of the facts of the case and their classification in law;
(b) A copy of the applicable legal rules, including those relating to the prescription and penalties applicable;
c) A copy of any sentence, arrest warrant, or other document having the same legal force or any other injunction that the State intends to execute;
(d) A protocol containing the comments of the sentenced person, obtained after sufficiently informed him of the procedure.
2. If another State submits an extradition request, the executing State shall transmit it to the Presidency in its entirety, together with a protocol containing the comments of the sentenced person, obtained after he has been informed (a) sufficient information about the extradition request.
3. The Presidency may in all cases request any additional documents or information from the executing State or the State requesting the extradition.
4. If the sentenced person was handed over to the Court by a State other than the executing State or from which he requests extradition, the Presidency shall consult the State which has delivered it and shall take account of his observations.
5. The information or documents transmitted to the Presidency under sub-rules 1 to 4 shall be forwarded to the Prosecutor, who may make observations.
6. The Presidency may decide to hold a hearing.
Rule 215. Decision on the request to submit to trial or to execute a penalty.
1. The Presidency shall deliver its decision as soon as possible and notify those who have participated in the proceedings.
2. If the application submitted under subrules 1 or 2 of Rule 214 relates to the execution of a sentence, the sentenced person may comply with it in the State designated by the Court to execute the penalty which the Court has imposed or to be extradited to a court. third State once, subject to the provisions of Article 110, it has fully complied with the penalty imposed on it by the Court.
3. The Presidency shall only authorise the temporary extradition of the sentenced person to a third State for prosecution if he has obtained assurances, which he considers sufficient, that the sentenced person shall be detained in the third State and shall be transferred, thereafter. of the process, to the State responsible for executing the penalty imposed by the Court.
Rule 216. Information about the execution.
The Presidency shall ask the executing State to communicate to it any event of importance which relates to the convicted and any prosecution for subsequent events.
Section IV. Execution of fines and confiscation or repair orders
Rule 217. Cooperation and measures for the execution of fines and confiscation or repair orders.
For the purposes of the execution of the fines and the confiscation or repair orders, the Presidency shall, as appropriate, seek cooperation, request that implementing measures be taken in accordance with Part IX and transmit copies of the orders corresponding to any State with which the sentenced person appears to have a direct relationship on the grounds of his nationality, habitual residence or residential or of the place where his goods or assets are located or with which the victim has that relationship. The Presidency shall, as appropriate, inform the State of any claims made by third parties or of the fact that no person who has been notified of a performance carried out in accordance with Article 75 has formulated a reclamation.
Rule 218. Seizure and repair orders.
1. In order to enable the States to make an order of confiscation effective, the following shall be specified:
a) The identity of the person against whom it was dictated;
b) The product, goods or assets that the Court has decreed to seize; and
(c) That, if the State Party is unable to make the order of forfeiture of the product, the goods or the assets specified, it shall take measures to recover its value.
2. In the request for cooperation and for the adoption of implementing measures, the Court shall also provide the information that it has in relation to the location of the product, the goods or the assets that are the subject of the order of confiscation.
3. In order for States to be able to make an order for repair, the following shall be specified:
a) The identity of the person against whom it was dictated;
(b) In respect of repairs of a financial nature, the identity of the victims to whom the repair has been granted on an individual basis and, in the event that the amount of the repair is to be deposited in the Trust Fund, the information relating to the Fund which is required to proceed to the deposit; and
(c) The scope and nature of the repairs ordered by the Court, including, where appropriate, the goods and assets for which the refund has been ordered.
4. A copy of the repair order shall be sent to the victim when the Court grants individual repairs.
Rule 219. No modification of the repair orders.
The Presidency, when transmitting copies of reparation orders to the States Parties pursuant to Rule 217, shall inform them that, by giving effect to them, the national authorities shall not modify the reparation which the Court has decreed, the extent or extent of the damage, losses or losses determined by the Court or the principles laid down therein, and shall facilitate its implementation.
Rule 220. No modification of the sentences for which fines are imposed.
By transmitting to the States Parties copies of the judgments imposing fines for the purposes of enforcement in accordance with Article 109 and Rule 217, the Presidency shall inform them that, in carrying out the fines imposed, the national authorities shall not amend them.
Rule 221. Decision on the destination or allocation of the goods or assets.
1. The Presidency, having concluded consultations with the Prosecutor, the sentenced person, the victims or their legal representatives, the national authorities of the executing State or a third party, or with representatives of the Trust Fund, refers in Article 79, shall decide on all matters relating to the destination or the allocation of the goods or assets obtained by virtue of the execution of a court order.
2. The Presidency shall, in all cases where the destination or the allocation of goods or assets belonging to the sentenced person have to be decided, give priority to the implementation of measures relating to the repair of the victims.
Rule 222. Assistance with respect to a notification or any other measure.
The Presidency, upon request, shall provide assistance to the State in the execution of the fines and the confiscation or repair orders in respect of the notification to the sentenced person or other persons or to the performance of any other persons. measures necessary to execute the order in accordance with the procedure laid down in the internal law of the executing State.
Section V. Review of a penalty reduction pursuant to Article 110
Rule 223. Criteria for the examination of a reduction of the penalty.
By examining a reduction of the penalty in accordance with paragraphs 3 and 5 of Article 110, the three judges of the Appellate Chamber shall take into account the criteria listed in paragraph 4 (a) and (b) of Article 110, in addition to the following:
(a) The conduct of the convict during his detention, which reveals a genuine dissociation of his crime;
b) The possibilities of reinserting into society and successfully resetting the condemned person;
c) If the early release of the convict would create great social instability;
(d) Any measure of importance taken by the convict for the benefit of the victims, as well as the effects of an early release on the victims and their families;
e) The individual circumstances of the sentenced person, including the deterioration of their physical or mental health or their advanced age.
Rule 224. Procedure for the examination of a reduction of the penalty.
1. For the purposes of applying paragraph 3 of Article 110, three magistrates of the Board of Appeal appointed by that Chamber shall hold a hearing, unless, for exceptional reasons, they decide otherwise in a given case. The hearing shall be held in the presence of the sentenced person, who may be assisted by his lawyer, and with interpretation services if necessary. The three magistrates shall invite to participate in the hearing or to submit written observations to the Prosecutor, to the executing State of a penalty imposed in accordance with Article 77 or to an order for reparation issued in accordance with Article 75 and, in the the victims or their legal representatives who have participated in the proceedings, as far as possible. In exceptional circumstances, the hearing may be held by a video conference or, in the executing State, by a judge delegated by the Court of Appeals of the Court.
2. The same three magistrates shall communicate as soon as possible the decision and their grounds to those who have participated in the examination hearing.
3. For the purposes of applying paragraph 5 of Article 110, three magistrates of the Board of Appeal appointed by that Chamber shall examine the question of the reduction of the penalty every three years, unless they indicate a shorter interval in the decision which they adopt in accordance with Article 110 (3). In the event of a significant change in circumstances, those three magistrates may authorise the sentenced person to request a review within three years or the shortest period they have set.
4. For the purposes of a review pursuant to Article 110, paragraph 5, three magistrates of the Board of Appeal appointed by that Chamber shall invite the sentenced or his lawyer, the Prosecutor, the executing State of a person to make written observations. the penalty imposed in accordance with Article 77 or an order for reparation issued in accordance with Article 75, and, as far as possible, the victims or their legal representatives who have participated in the proceedings. The three magistrates may also decide to hold a hearing.
5. The decision and its reasons shall be communicated as soon as possible to those who have participated in the examination procedure.
Section VI. Evasion
Rule 225. Measures applicable in accordance with Article 111 in case of evasion.
1. If the sentenced person has been evaded, the executing State shall notify the Registrar as soon as possible by any means capable of leaving a written record. The Presidency shall proceed in such a case in accordance with Part IX.
2. However, if the State in which the sentenced person was found was to surrender it to the executing State, whether under international conventions or its national law, the latter shall inform the Registrar in writing. The person shall be delivered to the executing State as soon as possible and, if necessary, in consultation with the Registrar, who shall provide all assistance required, including, if necessary, the submission of transit requests to the the Member States concerned, in accordance with Rule 207. The costs related to the delivery of the sentenced person shall be borne by the Court if no State takes charge of them.
3. If the sentenced person is delivered to the Court in accordance with the provisions of Part IX, the Court shall forward it to the executing State. However, the Presidency, on its own initiative or at the request of the Prosecutor or the first executing State, and in accordance with Article 103 and Rules 203 to 206, may designate another State, including that of the territory to which the sentenced person has fled.
4. In all cases, it shall be deducted from the sentence of the sentenced person for the entire period in which he has been held in the territory of the State where he was detained after his evasion and, where sub-rule 3 applies, the period of detention at the seat of the Court after delivery by the State in which it was located.
