Chapter 8
The Trial

Article 43
Access of the Accused to the Findings of the Investigation

The accused and his defense counsel are entitled to examine the documents contained in the file mentioned in the last paragraph of article 39 and the objects under seizure.

Chapter 8
The Trial

Article 51
Admission of Witnesses and Experts

The accused and/or his defense counsel have the right to present their own lists of witnesses and experts indicating the reasons of the relevance of their testimony and exams.

The Court can exclude those witnesses or experts that in its view. do not appear material for the. adjudication of the case.

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.

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.