Amendment of charges after referral

Notion(s) Filing Case
Decision on Referral - 11.07.2007 LUKIĆ & LUKIĆ

17. […] Rule 11bis (C) of the Rules speaks of the “charge[s]”, not of possible future charges. The ultimate case brought against an accused (whether in the Tribunal or in BiH State Court following a referral) may include additional charges, not present in the operative indictment at the time of referral,[1] that affect ultimate findings with regard to gravity and level of responsibility.  But this is not sufficient justification to abandon the existing approach. […]

[1] See Todović Decision of 23 February 2006, paras 15-16.

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ICTR Rule Rule 11bis ICTY Rule Rule 11bis