'Rights during trial - disclosure of evidence to defence' in document 'Namibia - Criminal Procedure Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 17
DISCLOSURE

Disclosure by prosecutor

113. (2) (a) An accused may, at any stage before any evidence in respect of any particular charge has been led, in writing request the prosecution to disclose any prosecution material, and the court before which the charge is pending may, at any time before any evidence in respect of that charge has been led but having regard to subsection (6), direct the prosecutor to -

(i) disclose to the accused any prosecution material that has not previously been disclosed to the accused ; or
(ii) give to the accused a written statement that there is no material of a description mentioned in subparagraph (i).

CHAPTER 17
DISCLOSURE

Disclosure by prosecutor

113. (5) Where prosecution material does not consist of information, the prosecutor must disclose such material by allowing the accused to inspect it at a reasonable time and at a reasonable place or by taking steps to ensure that the accused is allowed to do so.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
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.