5. Investigations, prosecutions, evidence, and procedure
5. Investigations, prosecutions, evidence, and procedure
- Douglas GuilfoyleDouglas GuilfoyleAssociate Professor of Law, Monash University
Abstract
This chapter deals with international criminal procedure, focusing on the International Criminal Court (ICC). It first introduces international criminal procedure and the various parties involved in the process (judges, prosecutors, suspects or accused persons, and witnesses and victims). It then examines the pre-trial phase of proceedings, including criminal investigation, the decision to prosecute, and the role of the document specifying the charges (called an ‘indictment’ by some courts and national systems). Next, the chapter provides an overview of the trial phase and examines the role of guilty pleas, evidence (and its pre-trial disclosure), and the conduct of trial proceedings.
