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Structure and Function of the Confirmation Procedure before the ICC from a Comparative Perspective

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The confirmation procedure is the linking interface between the investigation and trial of a case before the ICC; it is triggered by the arrival of the suspect at the court. The present paper distinguishes between the different phases of the ICC procedure and the different notions for the person concerned; it deals, in particular, with the issue of a proprio motu amendment of the charges by the Pre-Trial Chamber. The comparative survey reveals that while the principle "iura novit curia" is widely recognized in civil law countries, it is rarely accepted in the ambit of the common law. Notwithstanding, the ICC is committed to this principle, as clearly evidenced by Regulation 55 which allows the Trial Chamber to change the legal characterization of the facts during trial. As long as the rights of the person charged are observed, the same should apply in the confirmation procedure.

Affiliations: 1: Professor of Criminal Law, Criminal Procedure, Comparative Law and International Criminal Law at the University of Göttingen, Germany; Head Department for Foreign and International Criminal Law of the Institute of Criminal Law and Criminal Justice; Judge at the State Court in Göttingen; 2: University of Göttingen


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