Rule 62 Initial Appearance of Accused

Geldend

Documentgegevens:

Geldend vanaf 22-09-2006

Redactionele toelichting: Bron: www.un.org
Bronpublicatie:: 13-09-2006, Internet 2006, www.un.org (uitgifte: 13-09-2006, kamerstukken/regelingnummer: -)
Inwerkingtreding: 22-09-2006
Bronpublicatie inwerkingtreding:: 13-09-2006, Internet 2006, ww.un.org (uitgifte: 13-09-2006, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal strafrecht / Internationale tribunalen

(A)

Upon transfer of an accused to the seat of the Tribunal, the President shall forthwith assign the case to a Trial Chamber. The accused shall be brought before that Trial Chamber or a Judge thereof without delay, and shall be formally charged. The Trial Chamber or the Judge shall:

(i)

satisfy itself, himself or herself that the right of the accused to counsel is respected;

(ii)

read or have the indictment read to the accused in a language the accused understands, and satisfy itself, himself or herself that the accused understands the indictment;

(iii)

inform the accused that, within thirty days of the initial appearance, he or she will be called upon to enter a plea of guilty or not guilty on each count but that, should the accused so request, he or she may immediately enter a plea of guilty or not guilty on one or more count;

(iv)

if the accused fails to enter a plea at the initial or any further appearance, enter a plea of not guilty on the accused's behalf;

(v)

in case of a plea of not guilty, instruct the Registrar to set a date for trial;

(vi)

in case of a plea of guilty:

(a): if before the Trial Chamber, act in accordance with Rule 62 bis, or
(b): if before a Judge, refer the plea to the Trial Chamber so that it may act in accordance with Rule 62 bis;

(vii)

instruct the Registrar to set such other dates as appropriate.

(B)

Where the interests of justice so require, the Registrar may assign a duty counsel as within Rule 45 (C) to represent the accused at the initial appearance. Such assignments shall be treated in accordance with the relevant provisions of the Directive referred to in Rule 45 (A).