'Rights during trial - disclosure of evidence to defence' in document 'Spain - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I
Fundamental rights and duties

CHAPTER TWO
Rights and Liberties

SECTION 1
Fundamental Rights and Public Liberties

Article 24 - Legal protection of your rights

1. Every person has the right to obtain the effective protection of the Judges and the Courts in the exercise of his or her legitimate rights and interests, and in no case may he go undefended.

2. Likewise, all persons have the right of access to the ordinary judge predetermined by law ; to the defence and assistance of a lawyer ; to be informed of the charges brought against them ; to a public trial without undue delays and with full guarantees ; to the use of evidence appropriate to their defence ; to not make selfincriminating statements ; to not declare themselves guilty ; and to be presume d innocent.

The law shall determine the cases in which, for reasons of family relationship or professional secrecy, it shall not be compulsory to make statements regarding alleged criminal offences.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.