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6 The Investigation Stage

From: International Criminal Procedure

Christoph Safferling

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 19 August 2022

Subject(s):
International criminal law — International criminal law, victims — Prosecution — Detention — Settlement of disputes — Fact-finding and inquiry — International procedural law
The ‘investigation’ (or ‘pre-trial inquiry’) is the period between the discovery of the crime and the final formulation of the ‘charges’ or of an ‘indictment’ which is handed over to a court for trial. Whereas in national criminal proceedings the exact end of this stage might be difficult to define due to special proceedings and different forms of trials,1 in international criminal procedure the investigation terminates when the ‘charges’ or the ‘indictment’ are handed over to the court.2 At the ICTY and ICTR, according to Arts 18 (4) and 17 (4) of the respective...
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