TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(a) In General.

(1) Appearance Upon an Arrest.

(A) A person making an arrest within the Republic must take the defendant without unnecessary delay before a judge, usually within 48 hours excluding weekends and holidays, unless a statute provides otherwise.
(B) A person making an arrest outside the Republic must take the defendant without unnecessary delay before a judge, unless a statute provides otherwise.

(2) Exceptions. If a defendant is arrested for violating probation or supervised release, Rule 32.1 applies.

TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(d) Procedure.

(1) Advice. At the defendant's initial appearance, the judge must inform the defendant of the following :

(A) the nature and cause of the accusations against the defendant and the information, complaint, or citation against the defendant, and any affidavit filed with it,

TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(d) Procedure.

(1) Advice. At the defendant's initial appearance, the judge must inform the defendant of the following :

(C) if the defendant is in custody, the defendant's right to see and contact legal counsel, family, and employer,

TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(d) Procedure.

(1) Advice. At the defendant's initial appearance, the judge must inform the defendant of the following :

(D) if the defendant is in custody, the defendant's right to be charged or released within a reasonable time,

TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(d) Procedure.

(1) Advice. At the defendant's initial appearance, the judge must inform the defendant of the following :

(E) the defendant's right to remain silent and that anything said can be used against the defendant,

TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(d) Procedure.

(1) Advice. At the defendant's initial appearance, the judge must inform the defendant of the following :

(F) the defendant's right to retain legal counsel and, if the defendant does not have the funds to retain legal counsel, to have the court appoint legal counsel for the defendant at no charge,

TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(d) Procedure.

(2) Consulting with Counsel. The judge must allow the defendant reasonable opportunity to consult with counsel.

TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(d) Procedure.

(3) Detention or Release. The judge must detain or release the defendant as provided by the Constitution, statute, and these rules, including Rule 46.

TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 10. Arraignment

(a) In General. An arraignment must be conducted in open court and must consist of :

(1) ensuring that the defendant has a copy of the information, complaint, or citation ;

TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 10. Arraignment

(a) In General. An arraignment must be conducted in open court and must consist of :

(2) reading the information, complaint, or citation to the defendant or stating to the defendant the substance of the charge, unless the defendant waives reading of the charge ;

TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 11. Pleas

(b) Considering and Accepting a Guilty or Nolo Contendere Plea.

(1) Advising and Questioning the Defendant. Before the court accepts a plea of guilty or nolo contendere, the defendant may be placed under oath, and the court must address the defendant personally in open court. During this address, the court must inform the defendant of, and determine that the defendant understands, the following :

(C) the right to be presumed innocent until proven guilty beyond a reasonable doubt ;

TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 16. Disclosure and Discovery

(c) Disclosure by the Government

(1) Except as otherwise provided in these rules as to protective orders, the government must, upon written request of defendant's counsel or, if the defendant is not represented by counsel, upon written request of the defendant, disclose to defendant's counsel or the defendant such part or all of the following material and information within its possession or control designated in said request :

(A) The names and last known addresses of persons known by the government to have information that relates to the subject matter of the offense, together with their written or recorded statements, and existing memoranda, reporting or summarizing part or all of their oral statements ;
(B) Any written or recorded statements and the substance of any oral statements made by the defendant or by a co-defendant, a list of all witnesses to the making and a list of all witnesses to the acknowledgment of such statements, and the last known addresses of such witnesses ;
(C) Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons ;
(D) A written summary of any testimony that the government intends to use under Rules 702, 703, or 705 of the Rules of Evidence at trial. The summary must describe the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications ;
(E) Any books, papers, documents, photographs, or objects, which pertain to the case or which were obtained from or belong to the defendant ;
(F) Any record of prior criminal convictions of the defendant and any persons the government or the defendant intends to call as witnesses at a hearing or the trial ;
(G) If there has been any photographic or electronic surveillance (including wiretapping), relating to the offense with which the defendant is charged, of the defendant or of conversations to which the defendant was a party or of the defendant's premises ; this disclosure must be in the form of a written statement by the government prosecutor briefly setting forth the facts pertaining to the time, place, and persons making the same ; and
(II) Any material or information, within the possession or control of the government, which tends to negate the guilt of the defendant as to the offense charged, mitigate the degree of the offense charged, or reduce the punishment.

(2) The request provided for by this rule must be made by serving a copy of the request upon the government prosecutor and each defendant to be tried jointly with the defendant. The original of such request must be filed in the court having jurisdiction to try the case.

TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 16. Disclosure and Discovery

(d) Disclosure by Government to Defendant by Court Order Requiring a Showing of Good Cause.

(1) The defense may make a written motion in the court having jurisdiction to try said case requesting the government to disclose material and information not covered by Rule 16(c). Such motion must specify the material or information sought to be disclosed. If the court finds the request to be reasonable, the court must order the government to disclose to the defendant that material and information requested which is found by the court to be relevant and material to the defendant's case.

(2) The court must specify the material and information to be disclosed and the time and manner in which the government must make disclosure under this rule.

TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 16. Disclosure and Discovery

(e) Disclosure by Defendant to Government Without Court Order.

(1) Except as otherwise provided in these rules as to protective orders, and subject to constitutional limitations, on written request by the government, the defendant must disclose to the government prosecutor such part or all of the following material or information within the defendant's possession or control designated in such request :

(A) Any reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons, which the defense intends to introduce into evidence at a hearing or trial, except those portions of any of the above containing statements made by the defendant need not be disclosed ;
(B) A written summary of any testimony that the defendant intends to use under Rules 702, 703, or 705 of the Rules of Evidence at trial. The summary must describe the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications ;
(C) The names and last known addresses of persons, other than defendant, whom defendant intends to call as witnesses at any hearing or at the trial, together with their written or recorded statements, and existing memoranda reporting or summarizing part or all of their oral statements ;
(D) Those parts of any books, papers, documents, photographs, or objects, except such as contain statements of the defendant, which the defendant intends to introduce in evidence at a hearing or trial ;
(E) If the defendant intends to rely on the defense of insanity at the time of the offense, disclosure of such intent must be in the form of a written statement by counsel for the defendant ; and
(F) If the defendant intends to rely on the defense of alibi and the government in its request specifies the place, date, and time of the crime charged, disclosure must be in the form of a written statement by counsel for the defendant, announcing such intent and giving specific information as to the place at which the defendant claims to have been at the time of the alleged offense, and, as particularly as is known, the names and addresses of the witnesses by whom the defendant proposes to establish such alibi.

(2) The request provided for by this rule must be made by serving a copy of the request upon the defendant or the defendant's attorney, and upon each defendant or the defendant's attorney who is to be tried jointly with the defendant. The original of such request must be filed in the court having jurisdiction to try the case.

TITLE VI. TRIAL

Rule 29.1. Trial Procedure.

The following is the usual trial procedure, which may be modified by the court to fit the circumstances of a particular case.

(a) Opening Statements. Prior to the presentation of evidence, the prosecution may make an opening statement. The defendant make may an opening statement after that given by the prosecution, unless the defendant elects to make an opening statement after the conclusion of the prosecution's case and before presenting evidence. The opening statement may not be used to argue law, but may identify what the prosecution or the defendant expects the evidence to be or how that evidence will prove the case. Counsel must refrain from making remarks that cannot be proven, but may state fully the matters counsel expects to prove by admissible evidence. Although counsel may argue as forcefully and ably as counsel's abilities permit, counsel may not inflame the passions of the jury or appeal to jury prejudice.

TITLE VI. TRIAL

Rule 29.1. Trial Procedure.

The following is the usual trial procedure, which may be modified by the court to fit the circumstances of a particular case.

(e) Cross-Examination. After each witness has given evidence, the defendant or defendant's counsel may cross-examine the witness upon any matter appearing in direct examination, or with the court's consent any other matter, and the credibility of the witness.

TITLE VI. TRIAL

Rule 29.1. Trial Procedure.

(i) The Defense.

(1) After the consideration of the prosecution's evidence and any action taken thereon as provided in paragraph (h) above, the court will call upon the defendant or defendant's counsel to present defendant's defense in respect to the charges against the defendant.

(2) The defendant may make an opening statement, if the defendant has not done so earlier. The defendant may also call and examine any witnesses for the defense in the same manner as is provided for the prosecution above. These witnesses are subject to cross-examination by the prosecution in the same manner as is provided for the defense above.

TITLE IX. GENERAL PROVISIONS

Rule 43. Defendant's Presence

(a) When Required. Unless this rule or Rule 10 provides otherwise, the defendant must be present at :

(1) the initial appearance, the initial arraignment, and the plea ;
(2) every trial stage, including jury impanelment, and the return of the verdict; and
(3) sentencing.

TITLE IX. GENERAL PROVISIONS

Rule 43. Defendant's Presence

(c) Waiving Continued Presence.

(1) In General. A defendant who was initially present at arraignment, or whose appearance at the arraignment was waived under Rule 10, waives the right to be present under the following circumstances :

(A) when the defendant is voluntarily absent during trial, regardless of whether the court informed the defendant that failure to appear after arraignment may be deemed a waiver or forfeiture of the right to be present during the trial and that the trial will continue in the defendant's absence ;
(B) when the defendant is voluntarily absent during sentencing ; or
(C) when the court warns the defendant that it will remove the defendant from the courtroom for disruptive behavior, but the defendant persists in conduct that justifies removal from the courtroom.

TITLE IX. GENERAL PROVISIONS

Rule 44. Right to and Appointment of Counsel

(a) Right to Appointed Counsel. A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right.

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.