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7 The Confirmation Proceedings

From: International Criminal Procedure

Christoph Safferling

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 20 January 2022

Subject(s):
International criminal law — International criminal law, victims — Prosecutors — International procedural law — Evidence — Settlement of disputes — Conduct of proceedings
The confirmation stage is placed between the investigation phase and the trial. It is the ‘linking interface’ between the prosecutor’s investigations and the trial.1 At some point in time someone must decide whether or not the case is serious enough to be brought before a judge or a bench in order to proceed with a fully fledged criminal trial. This is because the criminal justice system follows an accusatory structure,2 which is an outcome of the principle of the separation of powers, according to which the court (judiciary) must be institutionally separated from...
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