International Criminal Court
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E. THE TRIAL
56. Where does the trial take place?
Trials takes place at the seat of the Court in The Hague, unless the judges decide to
hold the trial elsewhere. This issue has been raised in several cases. The accused
must
be present at his or her trial, which is held in public, unless the Chamber
determines that certain proceedings be conducted in
closed session in order to
protect the safety of victims and witnesses or the confidentiality of sensitive
evidentiary material.
57. What happens at the commencement of the trial?
At the commencement of the trial, the charges against
the accused are read out
to him or her and the Chamber asks whether he or she understands them. The
Chamber then asks the accused to make an admission of guilt or to plead
not guilty.
58. What happens if the accused makes an admission of guilt?
First, the Trial Chamber ensures that the accused understands the nature and
consequences
of the admission of guilt, that the admission is voluntarily made
by the accused after sufficient consultation with his or her lawyer and that the
admission of guilt is supported by the facts of the case
that are contained in the
evidence and charges brought by the Prosecution and admitted by the accused.
Where the Trial Chamber is satisfied that these conditions have been met, it may
convict the accused of the crime charged. If it is not satisfied
that the conditions
have been met, the Chamber shall consider the admission of guilt as not having
been made, in which case it shall order that the trial be continued.
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