www.kenyalaw.org
The International Crimes Act, 2008
4. The Pre-Trial Chamber shall ensure that a person is not detained for an
unreasonable period prior to trial due to inexcusable delay by the
Prosecutor. If such delay occurs, the Court shall consider releasing the
person, with or without conditions.
5. If necessary, the Pre-Trial Chamber may issue a warrant of arrest to
secure the presence of a person who has been released.
Article 61
Confirmation of the charges before trial
1. Subject to the provisions of paragraph 2, within a reasonable time after
the person’s surrender or voluntary appearance before the Court, the PreTrial Chamber shall hold a hearing to confirm the charges on which the
Prosecutor intends to seek trial. The hearing shall be held in the presence
of the Prosecutor and the person charged, as well as his or her counsel.
2. The Pre-Trial Chamber may, upon request of the Prosecutor or on its
own motion, hold a hearing in the absence of the person charged to
confirm the charges on which the Prosecutor intends to seek trial when the
person has:
(a) Waived his or her right to be present; or
(b) Fled or cannot be found and all reasonable steps have been taken to
secure his or her appearance before the Court and to inform the person of
the charges and that a hearing to confirm those charges will be held.
In that case, the person shall be represented by counsel where the PreTrial Chamber determines that it is in the interests of justice.
3. Within a reasonable time before the hearing, the person shall:
(a) Be provided with a copy of the document containing the charges on
which the Prosecutor intends to bring the person to trial; and
(b) Be informed of the evidence on which the Prosecutor intends to rely
at the hearing.
The Pre-Trial Chamber may issue orders regarding the disclosure of
information for the purposes of the hearing.
4. Before the hearing, the Prosecutor may continue the investigation and
may amend or withdraw any charges. The person shall be given
reasonable notice before the hearing of any amendment to or withdrawal
of charges. In case of a withdrawal of charges, the Prosecutor shall notify
the Pre-Trial Chamber of the reasons for the withdrawal.
5. At the hearing, the Prosecutor shall support each charge with sufficient
evidence to establish substantial grounds to believe that the person
146
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات