Time allocated to Prosecution case

Notion(s) Filing Case
Decision on Leave to Appeal (Prosecution) - 14.12.2001 GALIĆ Stanislav

7. Rule 73[bis](E) is a powerful tool for preventing excessive and unnecessary time being taken by the prosecution, and it is intended to ensure that the prosecution litigates only those issues which are really in dispute and which are necessary to determine for the purposes of its case.  Its introduction followed serious excesses by prosecution teams in the past.  Taken by itself, or in conjunction with Rule 73bis(C) (which permits the Trial Chamber to set for itself the number of witnesses the prosecution may call), Rule 73bis(E) requires the Trial Chamber to consider with care whether the issues really in dispute have been clearly identified so that a proper assessment of the time needed for the prosecution can be made.  […]

12. Reference has already been made to Rule 73bis(F), which permits the Trial Chamber during the trial to grant a request by the prosecution for additional time to present evidence “if this is in the interests of justice”.[1]  This provision, however, appears to contemplate an extension of the time originally determined principally (although not necessarily wholly) because of circumstances which have arisen since the original determination was made.  The exercise of the power given by Rule 73bis(F) does not therefore automatically cure any prejudice created by an error made in the original determination.

[1]     Paragraph 3, supra.

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ICTY Rule Rule 73 bis