CHAPTER IV
Investigation and prosecution

Article 17. Spontaneous declaration and confession. The members of the illegal armed group whose names are submitted by the National Government for the consideration of the Office of the Attorney General, who expressly avail themselves of the procedure and benefits of this law, shall make a spontaneous declaration before the prosecutor delegate assigned to the process of demobilization, who will question them about all the facts of which they have knowledge.
In the presence of their defense counsel they shall describe the circumstances of time, manner, and place in which they have participated in the criminal acts committed on occasion of their membership in these groups, prior to their demobilizing, and in respect of which they avail themselves of this law. In that procedure they shall indicate the assets that are surrendered for

making reparation to the victims, if they have any, and the date of their entry in the group.
The declaration given by the demobilized person and all other records produced in the demobilization process shall be placed immediately at the disposition of the National Prosecutorial Unit for Justice and Peace so that the prosecutor delegate and the Judicial Police assigned to the case may prepare and develop the methodological program for initiating the investigation, verifying the truthfulness of the information provided, and clarifying those facts and all those that come to its attention within the scope of its authority.
The demobilized person shall immediately be placed at the disposal of the judge who performs the function of controlling guarantees in one of the places of detention determined by the National Government pursuant to Article 31 of this law, who within the subsequent thirty-six (36) hours shall schedule and hold an arraignment hearing, pending a prior request by the prosecutor handling the case.

CHAPTER IV
Investigation and prosecution

Article 19. Acceptance of charges. In the indictment hearing the accused may accept the charges presented by the Office of the Attorney General, as a result of the spontaneous declaration or the investigations under way at the time of the demobilization.
In order for it to be valid, he or she must do so freely, voluntarily, spontaneously, and with the assistance of defense counsel. In this case the judge who performs the function of controlling guarantees shall immediately send the record to the Office of the Clerk of the Chamber of the Superior Judicial District Court that is to hear the matter.
Once the record is received, the corresponding Chamber shall schedule a public hearing, within ten (10) days, to determine whether the acceptance of charges was free, voluntary, spontaneous, and with the assistance of defense counsel. If it is found to be according to law, within the following ten (10) days it will schedule a hearing for sentencing and imposition of the individual penalty.
Paragraph 1. If in this hearing the accused does not accept the charges, or retracts those admitted to in the spontaneous declaration, the National Prosecutorial Unit for Justice and Peace shall refer the record to the government officer with jurisdiction, pursuant to the law in force at the time the conduct investigated was committed.

Paragraph 2. When there is a request for comprehensive reparation, the provisions of Article 23 of this law shall be implemented first.

CHAPTER IV
Investigation and prosecution

Article 22. Investigations and indictments prior to the demobilization. If at the time a demobilized person avails himself or herself of this law, the Office of the Attorney General is undertaking investigations or has formally indicted him or her, the indicted or accused person, with the assistance of defense counsel, may orally or in writing accept the charges set forth in the order that imposed the measure to ensure appearance, or in the arraignment, or in the resolution or brief of accusation, as the case may be. Such acceptance shall be before the judge who is performing the function of control of guarantees in the conditions provided for by this law.

CHAPTER VIII
Rights of victims with respect to the Administration of Justice

Article 37. Rights of the victims. The State shall guarantee victims’ access to the administration of justice. In developing the foregoing, the victims shall have the right: 37.1 To receive dignified human treatment throughout the procedure.
37.2 To the protection of their privacy and guarantee of their security and that of their family members and witnesses, whenever they are threatened.
37.3 To prompt and comprehensive reparation for the harm suffered; the perpetrator or participant in the crime shall be responsible for making such reparation.
37.4 To be heard and to receive facilitation for contributing evidence.
37.5 To receive information relevant to protecting their interests from the first contact with the authorities and in the terms established in the Code of Criminal Procedure; and to know the truth of the facts that constitute the circumstances of the crime of which they have been the victims.
37.6 To be informed of the final decision in the criminal prosecution and to pursue remedies when they are available.
37.7 To be assisted during the trial by an attorney of one’s trust, or by the Procurator General’s Judicial Office addressed in this law.
37.8 To receive comprehensive assistance for their recovery.
37.9 To be assisted at no cost by a translator or interpreter, in the event of not knowing the language, or not being able to perceive language through the sensory organs.
Article 38. Protection of victims and witnesses. The government officers to which this law refers shall adopt the appropriate measures and all relevant actions for protecting the security, physical and psychological well-being, dignity, and private life of the victims and witnesses, and of all other parties in the proceeding.
To this end, all relevant factors will be borne in mind, including age, gender, and health, as well as the nature of the crime, in particular when it entails sexual violence, disrespect for gender equality, or violence against children.
Special training will be given to the government officers who work with such victims. These measures may not redound to the detriment of the rights of the accused or the right to a fair and impartial trial, nor shall they be incompatible with such rights.
Article 39. Exception to public trials. As an exception to the principle that the hearings that constitute the trial should be public, the Superior Judicial District Court, in order to protect the victims, witnesses, or an accused, may order that part of the trial be held in camera. It may order that testimony be taken through an audio/video system to allow it to be controverted and confronted by the parties.
In particular, these measures shall be applied to victims of sexual assault or assault of children and adolescents who may be victims or witnesses.
Article 40. Other measures of protection during the trial. When public disclosure of evidentiary material elements, physical evidence, or information lawfully obtained would entail grave danger to the security of the witness or his or her family, the Prosecutor shall refrain from presenting them in any procedure prior to the trial. Instead, he or she shall prepare a summary of that information. In no case may these measures redound to the detriment of the rights of the accused or of a fair and impartial trial, nor shall they be incompatible with such rights.
Article 41. Attention to special needs. The judicial organs as well as the technical support agencies and the Procurator General’s Judicial Office for Justice and Peace shall be mindful of the special needs of women, children, the elderly, and the disabled to ensure their participation in the proceeding.

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
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.