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Motions for Judgment of Acquittal

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Chapter Summary

Pursuant to Rule 98 bis of the ICTY and ICTR Rules, a Trial Chamber shall enter a judgment of acquittal on a charge if the evidence is insufficient to sustain a conviction. In December 2004, the ICTY judges amended Rule 98 bis. The amended Rule does not envisage either written submissions by the parties or a written decision by the Chamber. Pursuant to Rule 98 bis (B), the Trial Chamber is to order an entry of judgment of acquittal on a charge ?if it finds that the evidence is insufficient to sustain a conviction on that . . . charge(s).? The prosecution needs only to show that there is evidence upon which a reasonable tribunal of fact could convict, not that the Trial Chamber itself should convict.

Keywords: acquittal; could convict; ICTR Rules; ICTY Rules; judgment; Rule 98 bis; Trial Chamber



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