 |
| Article
24. The proceedings at the Trial shall take the following course: |
| (a)
|
The Indictment
shall be read in court. |
| (b) |
The Tribunal
shall ask each Defendant whether he pleads guilty or not
guilty. |
| (c) |
The Prosecution
shall make an opening statement. |
| (d) |
The Tribunal
shall ask the Prosecution and the Defense what evidence (if any) they wish to
submit to the Tribunal, and the Tribunal shall rule upon the admissibility of
any such evidence. |
| (e) |
The witnesses
for the Prosecution shall be examined and after that the witnesses for the
Defense. Thereafter such rebutting evidence as may be held by the Tribunal
to be admissible shall be called by either the Prosecution or the Defense. |
| (f) |
The Tribunal
may put any question to any witness and to any Defendant, at any
time. |
| (g) |
The Prosecution
and the Defense shall interrogate and may cross-examine any witnesses and any
Defendant who gives testimony. |
| (h) |
The Defense
shall address the court |
| (i) |
The Prosecution
shall address the court. |
| (j) |
Each Defendant
may make a statement to the Tribunal. |
| (k)
|
The Tribunal
shall deliver judgment and pronounce sentence. |
|
| |
| Article
25. All official documents shall be produced, and all court proceedings
conducted, in English, French and Russian, and in the language of the
Defendant. So much of the record and of the proceedings may also be translated
into the language of any country in which the Tribunal is sitting, as the
Tribunal considers desirable in the interests of justice and public
opinion. |
| |
| VI.
JUDGMENT AND SENTENCE |
| |
Article
26. The judgment of the Tribunal as to the guilt or the innocence of any
Defendant shall give the reasons on which it is based, and shall be final and
not subject to review.
Article 27. The Tribunal shall have the right to
impose upon a Defendant, on conviction, death or such other punishment as shall
be determined by it to be just.
Article 28. In addition to any
punishment imposed by it, the Tribunal shall have the right to deprive the
convicted person of any stolen property and order its delivery to the Control
Council for Germany.
Article 29. In case of guilt, sentences shall be
carried out in accordance with the orders of the Control Council for Germany,
which may at any time reduce or otherwise alter the sentences, but may not
increase the severity thereof. If the Control Council for Germany, after any
Defendant has been convicted and sentenced, discovers fresh evidence which, in
its opinion, would found a fresh charge against him, the Council shall report
accordingly to the Committee established under Article 14 hereof, for such
action as they may consider proper, having regard to the interests of
justice. |
| |
| VII.
EXPENSES |
| |
| Article
30. The expenses of the Tribunal and of the Trials, shall be charged by the
Signatories against the funds allotted for maintenance of the Control Council
for Germany. |
| |
| __________ |
| 891018 51 2 |
XVII |