By contrast, the ICTY is not a state and no treaty is required before states hand defendants over to it. The accused can enter a plea at this appearance, or at any time within the next 30 days.
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When the plea is entered, tribunal deadlines begin running. In such a case as well as in cases where the accused personally enters a plea of "not guilty" the proceedings will then begin to run their course.
If, however, the accused enters a plea of guilty either initially or after making a plea agreement , the court must ensure that the plea is voluntary, informed, unequivocal, and that there is adequate factual basis for the crime and the accused's role in it.
If the judges are satisfied that these criteria are met, they will enter the accused's guilty plea and ask the Registrar to schedule a sentencing hearing. A counsel will be considered competent to represent an accused if he or she speaks English, French, or, where the accused requests it and the interests of justice demand, the suspect's native language; is authorised by a state to practice law or is a university professor; and is a member of an association of counsel recognised by the registrar. These counsel are paid a fixed fee of 2, US dollars plus an hourly rate determined by the Registry based on the counsel's seniority and experience.
A defendant may also choose to represent him or herself.
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This has happened on a number of occasions. The Trial: The ICTY has three courtrooms, each of which is used in two shifts, from am to pm and again from pm to pm. As such, up to six different trials may be held at the same time. Three judges are assigned to each trial. Court rules include elements of both the common law and civil law systems. There is no jury present. During the trial, the prosecutor, upon whom the burden of proof rests, will attempt to prove each charge made in the indictment beyond reasonable doubt.
The defence may choose to attempt to disprove each charge. Evidence may be from witnesses or from written documents. Each trial is structured as follows: 1. The prosecution presents its opening statement. The defence may choose to present its opening statement.
The defence may alternatively choose to present its opening statement immediately before presenting its own evidence. The defendant may elect to make a statement if the trial chamber permits.
He or she is not compelled to make a solemn declaration before doing so, and is not examined about what he or she says. If the accused chooses to speak at a later time, he or she must do so under oath. The prosecution presents its evidence witnesses and written documents. The defence is allowed to cross-examine the prosecution's evidence. The prosecution is allowed to re-examine its evidence. If the defence did not already present its opening statement, it may do so now. The defence presents its evidence witnesses and written documents.
The prosecution is allowed to cross-examine the defence's evidence.
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The defence is allowed to re-examine its evidence. The prosecution issues a rebuttal, presenting its case in light of the claims the defence made. The defence is allowed to cross-examine the prosecution's rebuttal. The prosecution is allowed to re-examine its rebuttal. The defence issues a rejoinder, presenting its case in light of the claims the prosecution made.
The prosecution is allowed to cross-examine the defence's rejoinder. The defence is allowed to re-examine its rejoinder. The judges may order either party to produce additional evidence or may, themselves, summon witnesses to the tribunal. The prosecution and defence are allowed to cross-examine the new evidence or witnesses.
At any time throughout this process, the judges may ask their own questions of the witnesses. The prosecution presents its closing statement, addressing sentencing recommendations in the process. It will have submitted a final trial brief at least five days earlier. The defence presents its closing statement, addressing sentencing issues in the process. The judges retreat to deliberate.
There is no set time-limit for deliberations. When the judges are ready, they issue the judgment, in which they give their verdict, explain the reasons for their decision and, if they find the accused guilty, impose a sentence. The decision must be agreed by two of the three judges on the panel. If a judge remains in the minority or wishes to clarify his or her reasoning, he or she can a write a dissenting or separate opinion.
If the defendant is acquitted, he or she is immediately released. If the defendant is convicted and sentenced, he or she will be transferred to serve the sentence. The death penalty is not permitted. The Statute provides that in determining sentences, judges are advised to consider practices in the former Yugoslavia, as well as aggravating and mitigating factors.
The sentences are served in states that have signed agreements on the enforcement of sentences with the ICTY. Appeals: Both the prosecution and the defence can appeal any part of the verdict or the sentence. The decision of the appeals chamber is final. If, however, a fact is discovered that was not known, and could not have reasonably been known, at the time of the proceedings before the trial chamber or appeal chamber, the defence or within one year of the judgment the prosecution may ask Chambers to review the judgment.
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The tribunal president will then determine whether such a pardon or a commutation of sentence is appropriate, after consulting with the other judges. Global Policy Forum distributes this material without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. We believe this constitutes a fair use of any such copyrighted material as provided for in 17 U. If you wish to use copyrighted material from this site for purposes of your own that go beyond fair use, you must obtain permission from the copyright owner.
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