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The International Crimes Act, 2008
committed the crime charged. The Prosecutor may rely on documentary or
summary evidence and need not call the witnesses expected to testify at
the trial.
6. At the hearing, the person may:
(a) Object to the charges;
(b) Challenge the evidence presented by the Prosecutor; and
(c) Present evidence.
7. The Pre-Trial Chamber shall, on the basis of the hearing, determine
whether there is sufficient evidence to establish substantial grounds to
believe that the person committed each of the crimes charged. Based on its
determination, the Pre-Trial Chamber shall:
(a) Confirm those charges in relation to which it has determined that
there is sufficient evidence, and commit the person to a Trial
Chamber for trial on the charges as confirmed;
(b) Decline to confirm those charges in relation to which it has
determined that there is insufficient evidence;
(c) Adjourn the hearing and request the Prosecutor to consider:
(i) Providing further evidence or conducting further
investigation with respect to a particular charge; or
(ii) Amending a charge because the evidence submitted appears
to establish a different crime within the jurisdiction of the
Court.
8. Where the Pre-Trial Chamber declines to confirm a charge, the
Prosecutor shall not be precluded from subsequently requesting its
confirmation if the request is supported by additional evidence.
9. After the charges are confirmed and before the trial has begun, the
Prosecutor may, with the permission of the Pre-Trial Chamber and after
notice to the accused, amend the charges. If the Prosecutor seeks to add
additional charges or to substitute more serious charges, a hearing under
this article to confirm those charges must be held. After commencement of
the trial, the Prosecutor may, with the permission of the Trial Chamber,
withdraw the charges.
10. Any warrant previously issued shall cease to have effect with respect
to any charges which have not been confirmed by the Pre-Trial Chamber
or which have been withdrawn by the Prosecutor.
11. Once the charges have been confirmed in accordance with this article,
the Presidency shall constitute a Trial Chamber which, subject to
paragraph 9 and to article 64, paragraph 4, shall be responsible for the
conduct of subsequent proceedings and may exercise any function of the
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