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Article 56
Role of the Pre-Trial Chamber in relation to a unique investigative opportunity
3. (a) Where the Prosecutor has not sought measures pursuant to this article but
the Pre-Trial Chamber considers that such measures are required to
preserve evidence that it deems would be essential for the defence at trial,
it shall consult with the Prosecutor as to whether there is good reason for
the Prosecutor's failure to request the measures. If upon consultation, the
Pre-Trial Chamber concludes that the Prosecutor's failure to request such
measures is unjustified, the Pre-Trial Chamber may take such measures on
its own initiative.
(b) A decision of the Pre-Trial Chamber to act on its own initiative under this
paragraph may be appealed by the Prosecutor. The appeal shall be heard
on an expedited basis.
Article 82
Appeal against other decisions
1. Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence:
(c) A decision of the Pre-Trial Chamber to act on its own initiative under article 56, paragraph 3;
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