'Rights during trial - examine witnesses' in document 'Netherlands: ICC Implementation Act 2002'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 4. ENFORCEMENT OF SENTENCES

§ 4. Enforcement of other penalties and orders

Section 76

1. The public prosecutor and the sentenced person are entitled to call witnesses and experts for the purpose of the investigation to be carried out by the District Court and the decisions to be taken by it under § 4 of this chapter.
2. The public prosecutor may, in a reasoned decision, refuse to call witnesses or experts if it may reasonably be assumed that they have been called by the sentenced person to give testimony at the hearing to dispute facts as referred to in section 78, subsection 3. The decision shall be immediately notified in writing to the sentenced person. He shall be informed in this connection of the provisions of section 78, subsection 5.

RELEVANT ROME STATUTE PROVISIONS

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:
(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