Jeffrey Locke

in International Prosecutors

Published in print May 2012 | ISBN: 9780199554294
Published online September 2012 | e-ISBN: 9780191751691 | DOI:

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This chapter is organized as follows. Section 2 examines several of the more complex issues facing prosecutors in the indictment process from Nuremberg to the present. Section 3 discusses the legal requirements of the indictment and includes a discussion of the standard of proof, legal sufficiency, and specificity. It considers issues on which tribunals have diverged, such as cumulative charging. It also outlines differences that have emerged in the development of co-perpetration — notably joint criminal enterprise — as a mode of liability. Section 4 discusses the indictment process and includes a discussion on the issuing of the indictment, the role of supporting documentation when the indictment is issued, and the process surrounding the confirmation of the indictment. It also looks at amending indictments, defective indictments, and how to cure defective indictments.

Keywords: prosecution; indictment process; cumulative charging; co-perpetration

Chapter.  21318 words. 

Subjects: Public International Law

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