53. What decisions can a Pre-Trial Chamber issue following a confirmation of
charges hearing?
Following a confirmation of charges hearing, a Pre-Trial Chamber may:
▪
decline to confirm the charges; such a decision does not prevent the Prosecution
from presenting a subsequent request for confirmation of the charges on the
basis of additional evidence;
▪
adjourn the hearing and request the Prosecution to consider providing further
evidence or conducting further investigation, or amending the charges because
the available evidence shows that a different crime was committed;
▪
confirm the charges and commit the case for trial; upon confirmation, the
Presidency of the Court constitutes a Trial Chamber responsible for the
subsequent phase of the proceedings: the trial.
54. Does the confirmation of charges prejudge the suspect’s guilt?
No. The purpose of the confirmation hearing is to safeguard the rights of suspects
by preventing proceedings with insufficient legal basis from being brought against
them. In the pre-trial phase, the Prosecution must support each of the charges
with sufficient evidence to establish substantial grounds to believe that the person
committed the crimes charged. If one or more charges are confirmed, the case is
committed to trial before a Trial Chamber.
55. What happens after the confirmation of charges?
After the confirmation of charges, the Pre-Trial Chamber commits the case for
trial before a Trial Chamber, which will conduct the subsequent phase of the
proceedings: the trial.
Before the commencement of the trial, the judges of the Trial Chamber consider
procedural issues that may be submitted to them by the parties and hold hearings
to prepare for trial and to resolve procedural matters in order to facilitate the fair
and expeditious conduct of the proceedings.
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