tents of the accusations or if he were not given the
chance to conduct his own defense or instruct a defense counsel.
Particularly is he in no condition to comprehend the following rights
of an accused set out in the Charter:
1. By Article 16, Section (a) of the Charter a copy of the
Indictment in a language which he understands will be served on the
accused at a suitably appointed time. The assurance given hereby for
a sufficient preparation of the proceedings can not be guaranteed to
Defendant Krupp von Bohlen on account of his state of disease.
According to Section (c) of the same Article 16a preliminary
interrogation of the defendant shall take place in a language
intelligible to him. That is likewise impossible here. According to
Section (d) of Article 16 the defendant moreover can not exercise his
right of decision as to whether he will conduct his own defense or
whether he would like to be defended by counsel. Also the right of
the defendant as provided in Section (c) of producing evidence and of
cross examining witnesses himself or by his counsel in his behalf can
not be exercised by the defendant in view of his condition.
2. In the same manner as the Defendant Gustav Krupp von Bohlen
und Halbach is not able to exercise the confirmed rights stated above
in the preliminary proceedings he will also not be able to exercise
in the Trial those rights guaranteed to him by Article 24 of the
Charter. In the first place this concerns the statement which the
accused has to render on inquiry as to whether he admits his guilt or
not, a statement which is of particular importance for the course of
the Trial and for the decision of the Tribunal. This is all the more
important as this statement regarding guilt or innocence can be made
exclusively by the accused himself according to his own judgment and
after examining his conscience. So far as the procedure is admissible
at all, the defense counsel could not at the request of the Court
express himself on the question of guilt, as such a declaration
presupposes the possibility of communication and understanding with
the accused.
Also the defendant could not exercise the right to the last word
to which he is entitled according to Article 24, Section (j).
The legislators who set up these guarantees for
the defense cannot wish to deny them undeservedly to an accused who
can not make use of them owing to illness. If by Article 12 of the
Charter the Trial of an absent defendant is allowed, then this
exception to the rule can be applied only to a defendant who is
unwilling to appear though able to do so. As is the case with the
criminal procedure rules of nearly all countries, it is on this
principle that the rules and regulations concerning the trial of
absent defendants are based.
/ s / KLEFISCH
Lawyer