Preamble
8. no person may be prosecuted, arrested or detained except in the cases and according to the manner determined by law;
preambe
8. the law shall ensure the right of every person to a fair hearing before the courts;
preamble
8. every accused person is presumed innocent until found guilty during a hearing conducted in strict compliance with the rights of defence;
Section 8
(1) Any person suspected of having committed an offence shall be presumed innocent until his guilt has been legally established in the course of a trial where he shall be given all necessary guarantees for his defence.
(2) The presumption of innocence shall apply to every suspect, defendant and accused
Section 19
(1) A person arrested on a warrant shall be brought immediately before the Examining Magistrate or the president of the trial court who issued the warrant, who may order his immediate release if he fulfils any of the conditions referred to in section 246 (g).
(2) If he fails to fulfil the condition, he shall be taken immediately to the prison indicated on the warrant subject to the provisions of sub-section (3) of this section.
Within forty-eight (48) hours of the detention of the person, he shall be interrogated by the Examining Magistrate or, as the case may be, at its next sitting by the trial court which issued the warrant.
(3) The Examining Magistrate or the trial court shall decide on his detention in accordance with sections 221 and 222.
(4) If the person is arrested outside the jurisdiction of the Examining Magistrate or of the trial court that issued the warrant, he shall be immediately taken before the State Counsel of the place of arrest who shall without delay, inform the Examining Magistrate or the president of the court that issued the warrant of arrest about the arrest and the action taken thereafter and shall request the transfer of the person arrested.
Section 37: Any person arrested shall be given reasonable facilities in particular to be in contact with his family, obtain legal advice, make arrangements for his defence, consult a doctor and receive medical treatment and take necessary steps to obtain his release on bail.
Section 170:
(2)
(a) He is free to reserve his statment
Section 170:
(2)
(b) He has the choice to prepare his defence either without counsel; or with the assistance of one or more counsels;
Section 175:
(1) The defendant shall be allowed to directly cross-examine the witnesses, the co-defendants and the civil party. The civil party shall also have the right to cross-examine the witnesses and the other parties.
However, during the confrontation, the Examining Magistrate may stop the witness or any other party from answering any question which he deems irrelevant, injurious or against public party.
Section 242:
(1) The provisions of section 239 (2) are not applicable to correspondences between the defendant and his counsel or those between the defendant and the judicial authorities.
(2) Any information got in violation of subsection (1) above cannot be used against the defendant.
Section 304: The burden of proof shall lie upon the party who institutes a criminal action.
Section 316: Any correspondence between the accused and his counsel shall not be admissible as evidence against the accused.
Section 349: Where an accused on whom personal service has been affected does not appear and does not give a valid reason there for, no right of audience shall be given to his counsel except only to justify the absence of the accused and the judgment delivered shall considered as having delivered after full hearing.
Section 350:
(1) Notwithstanding the provisions of section 349:
(a) an accused summoned for an offence punishable with a fine or with a term of imprisonment equal to or less than two years may by letter , apply to be tried in absentia, this letter shall
(2) A judgment shall also be considered as having been delivered after full hearing, where the accused has appeared at a hearing even if he no longer appears at successive adjourned hearings.
Section 352: The accused who appears may be assisted by counsel.
Section 354:
(1) Where an accused speaks a language other than one of the official language understood by the members of the court, or where it is necessary to translate any document produced un court, the Presiding Magistrate shall of his own motion appoint an interpreter of not less than twenty-one (21) years of age, who shall take oath to interpret faithfully the testimonies of persons speaking in different languages or faithfully translate the document in question.
(2) The parties may recuse the interpreter. In this case, the court shall rule immediately on the recusal and such ruling shall not be subject to appeal.
Section 359:
(1) at the commencement of the trial, the Presiding Magistrate shall, after having complied with the provisions of section 338, cause the charge to be read out to be accused and shall ask him whether he pleads guilty or not guilty.
Section 366:
(1)
(a) that he may make a statmrnt in his defence not on oath
Secion 366:
(1)
(b) that he may say nothing; or
Section 375: Where there are several accused persons each of them may cross-examine a witness called by the civil party and the prosecution. Re-examination of such a witness shall proceed only after ail the cross-examinations on the said witness have taken place.
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.