for pre-trial The specific rights of the Accusation Assistant are: 1) right to of the dates of detention. request new evidence, including the appointment of witnesses hearings; 4) right to (as long as the maximum quantity allowed per prosecution is not a separate space exceeded); 2) right to directly question witnesses; 3) propose before and during amended charges in jury proceedings; 4) participate in oral hearings; 5) right to debates in all types of proceedings; 5) present reasons or protection of counter-reasons in appeals filed by the Prosecutor; 6) file intimacy, honour interlocutory appeals or supplementary appeals. and private life, in the form of If the testimonies of accused persons, victims and witnesses determination of diverge among themselves, any party may request a specific measures that the questioning procedure to be held. In this procedure, the persons Judge sees as who offered divergent statements are re-examined. There is also appropriate, a provision conferring victims the right to ask written questions including the of experts, to request further clarification in relation to their realization of technical reports and to appoint a technical assistant of her own closed-doors or choice. In fact, victims are entitled to request new evidence in confidential relation to any issues that require further clarification. proceedings; 6) right to multidisciplinary In relation to other special measures, there is one provision support services, which confers victims the right of a separate space before and including social, during hearings. If the Judge verifies that the presence of the psychological, accused at the hearing may intimidate or cause fear or health and legal humiliation she may determine that the testimony of the latter nature, to be be given through videoconference, or, that the deposition determined by the proceeds in the presence of the accused’s attorney. Judge if she believes them to be Judges also have a general residuary power under which to necessary. consider options such as taking frequent breaks, or allowing support persons in court. Victims have the right to offer testimony and to be heard.
for pre-trial detention. The specific rights of the Accusation Assistant are: 1) right to request new evidence, including the appointment of witnesses (as long as the maximum quantity allowed per prosecution is not exceeded); 2) right to directly question witnesses; 3) propose amended charges in jury proceedings; 4) participate in oral debates in all types of proceedings; 5) present reasons or counter-reasons in appeals filed by the Prosecutor; 6) file interlocutory appeals or supplementary appeals. If the testimonies of accused persons, victims and witnesses diverge among themselves, any party may request a specific questioning procedure to be held. In this procedure, the persons who offered divergent statements are re-examined. There is also a provision conferring victims the right to ask written questions of experts, to request further clarification in relation to their technical reports and to appoint a technical assistant of her own choice. In fact, victims are entitled to request new evidence in relation to any issues that require further clarification. In relation to other special measures, there is one provision which confers victims the right of a separate space before and during hearings. If the Judge verifies that the presence of the accused at the hearing may intimidate or cause fear or humiliation she may determine that the testimony of the latter be given through videoconference, or, that the deposition proceeds in the presence of the accused’s attorney. Judges also have a general residuary power under which to consider options such as taking frequent breaks, or allowing support persons in court. Victims have the right to offer testimony and to be heard. of the dates of hearings; 4) right to a separate space before and during hearings; 5) right to protection of intimacy, honour and private life, in the form of determination of measures that the Judge sees as appropriate, including the realization of closed-doors or confidential proceedings; 6) right to multidisciplinary support services, including social, psychological, health and legal nature, to be determined by the Judge if she believes them to be necessary.
Final-REDRESS-Report-v3-15.4.2015.docx