Rome Statute of the International Criminal Court
2.
The Pre-Trial Chamber may, upon request of the Prosecutor or on its own motion, hold a hearing in the
absence of the person charged to confirm the charges on which the Prosecutor intends to seek trial when
the person has:
(a)
Waived his or her right to be present; or
(b)
Fled or cannot be found and all reasonable steps have been taken to secure his or her appearance
before the Court and to inform the person of the charges and that a hearing to confirm those charges
will be held.
In that case, the person shall be represented by counsel where the Pre-Trial Chamber determines that it is
in the interests of justice.
3.
Within a reasonable time before the hearing, the person shall:
(a)
Be provided with a copy of the document containing the charges on which the Prosecutor intends to
bring the person to trial; and
(b)
Be informed of the evidence on which the Prosecutor intends to rely at the hearing.
The Pre-Trial Chamber may issue orders regarding the disclosure of information for the purposes of the
hearing.
4.
Before the hearing, the Prosecutor may continue the investigation and may amend or withdraw any charges.
The person shall be given reasonable notice before the hearing of any amendment to or withdrawal of
charges. In case of a withdrawal of charges, the Prosecutor shall notify the Pre-Trial Chamber of the reasons
for the withdrawal.
5.
At the hearing, the Prosecutor shall support each charge with sufficient evidence to establish substantial
grounds to believe that the person committed the crime charged. The Prosecutor may rely on documentary
or summary evidence and need not call the witnesses expected to testify at the trial.
6.
At the hearing, the person may:
7.
(a)
Object to the charges;
(b)
Challenge the evidence presented by the Prosecutor; and
(c)
Present evidence.
The Pre-Trial Chamber shall, on the basis of the hearing, determine whether there is sufficient evidence to
establish substantial grounds to believe that the person committed each of the crimes charged. Based on its
determination, the Pre-Trial Chamber shall:
(a)
Confirm those charges in relation to which it has determined that there is sufficient evidence, and
commit the person to a Trial Chamber for trial on the charges as confirmed;
(b)
Decline to confirm those charges in relation to which it has determined that there is insufficient
evidence;
(c)
Adjourn the hearing and request the Prosecutor to consider:
(i)
Providing further evidence or conducting further investigation with respect to a particular
charge; or
(ii)
Amending a charge because the evidence submitted appears to establish a different crime
within the jurisdiction of the Court.
8.
Where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor shall not be precluded from
subsequently requesting its confirmation if the request is supported by additional evidence.
9.
After the charges are confirmed and before the trial has begun, the Prosecutor may, with the permission
of the Pre-Trial Chamber and after notice to the accused, amend the charges. If the Prosecutor seeks to
add additional charges or to substitute more serious charges, a hearing under this article to confirm those
charges must be held. After commencement of the trial, the Prosecutor may, with the permission of the Trial
Chamber, withdraw the charges.
10.
Any warrant previously issued shall cease to have effect with respect to any charges which have not been
confirmed by the Pre-Trial Chamber or which have been withdrawn by the Prosecutor.
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