| (d) |
The
Tribunal shall ask the Prosecution and the Defense what evidence (if any) they
wish to submit to the Tribunal, and the Tribunal shall rule upon the
admissibility of any such evidence. |
| (e) |
The
witnesses for the Prosecution shall be examined and after that the witnesses
for the Defense. Thereafter such rebutting evidence as may be held by the
Tribunal to be admissible shall be called by either the Prosecution or the
Defense. |
| (f) |
The
Tribunal may put any question to any witness and to any Defendant, at any
time. |
| (g) |
The
Prosecution and the Defense shall interrogate and may cross-examine any
witnesses and any Defendant who gives testimony. |
| (h) |
The
Defense shall address the court. |
| (i) |
The
Prosecution shall address the court. |
| (j) |
Each
Defendant may make a statement to the Tribunal. |
| (k) |
The
Tribunal shall deliver judgment and pronounce sentence. |
| |
| Article 25. All official
documents shall be produced, and all court proceedings conducted, in English,
French and Russian, and in the language of the Defendant. So much of the record
and of the proceedings may also be translated into the language of any country
in which the Tribunal is sitting, as the Tribunal considers desirable in the
interests of justice and public opinion. |
| |
| VI. JUDGMENT AND
SENTENCE |
| |
| Article 26. The judgment
of the Tribunal as to the guilt or the innocence of any Defendant shall give
the reasons on which it is based, and shall be final and not subject to
review. |
| |
| Article 27. The
Tribunal shall have the right to impose upon a Defendant, on conviction, death
or such other punishment as shall be determined by it to be just. |
| |
| Article 28. In addition to
any punishment imposed by it, the Tribunal shall have the right to deprive the
convicted person of any stolen property and order its delivery to the Control
Council for Germany. |
| |
| Article 29. In case of
guilt, sentences shall be carried out in accordance with the orders of the
Control Council for Germany, which may at any time reduce or otherwise alter
the sentences, but may not increase the severity thereof. If the Control
Council for Germany, after any Defendant has been convicted and sentenced,
discovers fresh evidence which, in its opinion, would found a fresh charge
against him, the Council shall report accordingly to the Committee established
under Article 14 hereof, for such action as they may consider proper, having
regard to the interests of justice. |
| |
| VII. EXPENSES
|
| |
| Article 30. The expenses
of the Tribunal and of the Trials, shall be charged by the Signatories against
the funds allotted for maintenance of the Control Council for
Germany. |
| |
| PROTOCOL |
| |
Whereas an Agreement and Charter
regarding the Prosecution of War Criminals was signed in London on the 8th
August 1945, in the English, French, and Russian languages.
And whereas
a discrepancy has been found to exist between the originals of Article 6,
paragraph (c), of the Charter in the Russian language, on the one hand,
and the originals in the English and French languages, on the |