RULES OF PROCEDURE AND EVIDENCE
RULES OF PROCEDURE AND EVIDENCE
Adopted on 5 July 1995; as amended on
12 January 1996
15 May 1996
4 July 1996
5 June 1997
8 June 1998
1 July 1999
21 February 2000 and
26 June 2000
TABLE OF CONTENTS
GENERAL PROVISIONS
Rule 1: Entry into Force
Rule 2: Definitions
Rule 3: Languages
Rule 4: Sittings away from the Seat of the Tribunal
Rule 5: Non-compliance with Rules
Rule 6: Amendment of the Rules
Rule 7: Authentic Texts
Rule 7bis: Non Compliance with Obligations
PRIMACY OF THE TRIBUNAL
Rule 8: Request for Information
Rule 9: Prosecutor's Application for Deferral
Rule 10: Formal Request for Deferral
Rule 11: Non-compliance with a Formal Request for Deferral
Rule 12: Determinations of Courts of any State
Rule 13: Non Bis in Idem
ORGANIZATION OF THE TRIBUNAL
Section 1: The Judges
Rule 14:Solemn Declaration
Rule 14bis
Rule 15: Disqualification of Judges
Rule 16: Resignation
Rule 17: Precedence
Section 2: The Presidency
Rule 18: Election of the President
Rule 19: Functions of the President
Rule 20: The Vice-President
Rule 21: Functions of the Vice-President
Rule 22: Replacements
Section 3: Internal Functioning of the Tribunal
Rule 23: The Bureau
Rule 24: Plenary Meetings of the Tribunal
Rule 25: Dates of Plenary Meetings
Rule 26: Quorum and Vote
Section 4: The Chambers
Rule 27: Rotation of the Judges
Rule 28: Duty Judges
Rule 29: Deliberations
Section 5: The Registrar
Rule 30: Appointment of the Registrar
Rule 31: Appointment of the Deputy Registrar and Registry Staff
Rule 32: Solemn Declaration
Rule 33: Functions of the Registrar
Rule 34: Victims and Witnesses Support Unit
Rule 35: Minutes
Rule 36: Record Book
Section 6: The Prosecutor
Rule 37: Functions of the Prosecutor
Rule 38: Deputy Prosecutor
INVESTIGATIONS AND RIGHTS OF SUSPECTS
Section 1: Investigations
Rule 39: Conduct of Investigations
Rule 40: Provisional Measures
Rule 40 bis: Transfer and Provisional Detention of Suspects
Rule 41: Preservation of Information
Rule 42: Rights of Suspects during Investigation
Rule 43: Recording Questioning of Suspects
Section 2: Of Counsel
Rule 44: Appointment and Qualifications of Counsel
Rule 44 bis:Duty Counsel
Rule 45: Assignment of Counsel
Rule 45 bis:Detained Persons
Rule 45 ter:Availability of Counsel
Rule 46: Misconduct of Counsel
PRE-TRIAL PROCEEDINGS
Section 1: Indictments
Rule 47: Submission of Indictment by the Prosecutor
Rule 48: Joinder of Accused
Rule 48 bis:Joinder of Indictments
Rule 49: Joinder of Crimes
Rule 50: Amendment of Indictment
Rule 51: Withdrawal of Indictment
Rule 52: Public Character of Indictment
Rule 53: Non-disclosure
Rule 53 bis:Service of Indictment
Section 2: Orders and Warrants
Rule 54: General Provision
Rule 55: Execution of Arrest Warrants
Rule 56: Cooperation of States
Rule 57: Procedure after Arrest
Rule 58: National Extradition Provisions
Rule 59: Failure to Execute a Warrant of Arrest or Transfer Order
Rule 60: Publication of Indictment
Rule 61: Procedure in Case of Failure to Execute a Warrant of Arrest
Rule 62: Initial Appearance of Accused
Rule 63: Questioning of the Accused
Rule 64: Detention on Remand
Rule 65: Provisional Release
Rule 65 bis: Status Conferences
Section 3: Production of Evidence
Rule 66: Disclosure of materials by the Prosecutor
Rule 67: Reciprocal Disclosure of Evidence
Rule 68: Disclosure of Exculpatory Evidence
Rule 69: Protection of Victims and Witnesses
Rule 70: Matters not Subject to Disclosure
Section 4: Depositions
Rule 71: Depositions
Section 5: Preliminary Motions
Rule 72: Preliminary Motions
PROCEEDINGS BEFORE TRIAL CHAMBERS
Section 1: General Provisions
Rule 73: Motions
Rule 73 bis:Pre-Trial Conference
Rule 73 ter:Pre-Defence Conference
Rule 74: Amicus Curiae
Rule 74 bis: Medical Examination of the Accused
Rule 75: Measures for the Protection of Victims and Witnesses
Rule 76: Solemn Declaration by Interpreters and Translators
Rule 77: Contempt of the Tribunal
Rule 78: Open Sessions
Rule 79: Closed Sessions
Rule 80: Control of Proceedings
Rule 81: Records of Proceedings and Preservation of Evidence
Section 2: Case Presentation
Rule 82: Joint and Separate Trials
Rule 83: Instruments of Restraint
Rule 84: Opening Statements
Rule 85: Presentation of Evidence
Rule 86: Closing Arguments
Rule 87: Deliberations
Rule 88: Judgement
Section 3: Rules of Evidence
Rule 89: General Provisions
Rule 90: Testimony of Witnesses
Rule 90 bis: Transfer of a Detained Witness
Rule 91: False Testimony under Solemn Declaration
Rule 92: Confessions
Rule 93: Evidence of Consistent Pattern of Conduct
Rule 94: Judicial Notice
Rule 94 bis:Testimony of Expert Witnesses
Rule 95: Exclusion of Evidence on the Grounds of the Means by which it was obtained
Rule 96: Rules of Evidence in Cases of Sexual Assault
Rule 97: Lawyer-Client Privilege
Rule 98: Power of Chambers to Order Production of Additional Evidence
Rule 98 bis: Motion for Judgement of Acquittal
Section 4: Sentencing Procedure
Rule 99: Status of the Acquitted Person
Rule 100: Sentencing Procedure on a Guilty Plea
Rule 101: Penalties
Rule 102: Status of the Convicted Person
Rule 103: Place of Imprisonment
Rule 104: Supervision of Imprisonment
Rule 105: Restitution of Property
Rule 106: Compensation to Victims
APPELLATE PROCEEDINGS
Rule 107: General Provision
Rule 107 bis: Practice Directions for the Appeals Chamber
Rule 108: Notice of Appeal
Rule 108 bis: Pre-Hearing Judge
Rule 109: Record on Appeal
Rule 110: Copies of Record on Appeal
Rule 111: Appellant's Brief
Rule 112: Respondent's Brief
Rule 113: Brief in Reply
Rule 114: Date of Hearing
Rule 115: Additional Evidence
Rule 116: Extension of Time-Limits
Rule 117: Expedited Appeals Procedure
Rule 117 bis: Parties’ Book
Rule 117 ter: Filing of the Trial Records
Rule 118: Judgement on Appeal
Rule 119: Status of the Accused Following Judgement on Appeal
REVIEW PROCEEDINGS
Rule 120: Request for Review
Rule 121: Preliminary Examination
Rule 122: Appeals
Rule 123: Return of the Case to the Trial Chamber
PARDON AND COMMUTATION OF SENTENCE
Rule 124: Notification by States
Rule 125: Determination by the President
Rule 126: General Standards for Granting Pardon or Commutation
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