'Rights during trial - raise defences' in document 'Afghanistan - Interim Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 1
General Provisions

Article 5
Suspect and Accused

The police, the Saranwal and the Court are duty bound to clearly inform the suspect and the accused before interrogation and at the time of arrest about his or her right to remain silent, right to representation at all times by defense counsel, and right to be present during searches, line-ups, expert examinations and trial.

Chapter 8
The Trial

Article 56
Concurrent Crimes and Circumstances

If from the deeds of the investigations or during the trial it results that there are alleged additional crimes and/or facts contributing as aggravating, circumstances which have not been included in the act of indictment the Court, at the request of the Primary Saranwal, makes the related accusation to the accused and/or to his defense counsel, when present, giving them adequate time to prepare the defense.

Chapter 8
The Trial

Article 57
Different Definition of the Crime

When the Court deems that the crime is to he given a different definition from that indicated in the act of indictment on the basis of the same facts and circumstances included in the accusation shall grant the accused and the defense counsel a time allowance for presenting a defense vis-a-vis the change in the definition.

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