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Pre-trial Proceedings

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Chapter Summary

During the pre-trial phase, the defence, the Prosecutor, or the Trial Chamber on its own motion may raise pre-trial matters. The Statutes of the Tribunals do not contain substantive or procedural guidelines concerning pre-trial issues, and if specific matters are addressed by the Rules, none of the basic documents impose limitations on the type of issues which may be raised. It is at the pre-trial stage that the issue of the attendance of witnesses is to be discussed and the necessary documents are to be secured. The procedural rights and obligations of the parties, the time limits imposed, and the possibility of interlocutory appeal depend on the subject matter of the motion. A request for provisional release may be submitted pursuant to Rule 65. A defined category of preliminary motions may be brought under Rule 72; other motions may be brought pursuant to Rule 73.

Keywords: attendance of witnesses; pre-trial phase; provisional release; Statutes; Tribunals

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