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The International Crimes (Tribunals) Act, 1973

( ACT NO. XIX OF 1973 )

Procedure of trial
10. (1) The following procedure shall be followed at a trial before a Tribunal, namely:-
(a) the charge shall be read out;
(b) the Tribunal shall ask each accused person whether he pleads guilty or not-guilty;
(c) if the accused person pleads guilty, the Tribunal shall record the plea, and may, in its discretion, convict him thereon;
(d) the prosecution shall make an opening statement;
(e) the witnesses for the prosecution shall be examined, the defence may cross-examine such witnesses and the prosecution may re-examine them;
(f) the witnesses for the defence, if any, shall be examined, the prosecution may cross-examine such witnesses and the defence may re-examine them;
(g) the Tribunal may, in its discretion, permit the party which calls a witness to put any question to him which might be put in cross-examination by the adverse party;
(h) the Tribunal may, in order to discover or obtain proof of relevant facts, ask any witness any question it pleases, in any form and at any time about any fact; and may order production of any document or thing or summon any witness, and neither the prosecution nor the defence shall be entitled either to make any objection to any such question or order or, without the leave of the Tribunal, to cross-examine any witness upon any answer given in reply to any such question;
(i) the prosecution shall first sum up its case, and thereafter the defence shall sum up its case:
Provided that if any witness is examined by the defence, the prosecution shall have the right to sum up its case after the defence has done so;
(j) the Tribunal shall deliver its judgement and pronounce its verdict.
(2) All proceedings before the Tribunal shall be in 1[Bangla or] English.
(3) Any accused person or witness who is unable to express himself in, or does not understand, English may be provided the assistance of an interpreter.
(4) The proceedings of the Tribunal shall be in public:
Provided that the Tribunal may, if it thinks fit, take proceedings in camera.
(5) No oath shall be administered to any accused person.

  • 1
    The words “Bangla or” were inserted before the word “English” by section 5 of The International Crimes (Tribunals) (Amendment) Act, 2009 (Act No. LV of 2009).
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