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International Prosecutors$
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Luc Reydams, Jan Wouters, and Cedric Ryngaert

Print publication date: 2012

Print ISBN-13: 9780199554294

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199554294.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 April 2021



(p.604) 11 Indictments
International Prosecutors

Jeffrey Locke

Oxford University Press

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

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