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.
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