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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Confession: International Criminal Courts and Tribunals

Regina E Rauxloh

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 04 December 2021

Right to fair trial — Due process — International criminal law, conduct of proceedings — Guilty plea

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 The core function of every criminal trial is to establish the truth of the case in order to determine the guilt or innocence of the accused. In the adversarial process model in common law jurisdictions, the trial is based on the idea of a contest between prosecution and defence with each party presenting their side to an impartial arbitrator such as a judge or a jury. In the inquisitorial trial in civil law jurisdictions, it is the judge or panel of judges who are expected to discover the truth by examining the presented evidence or calling evidence themselves....
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