Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IVarious
Philosophy
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
(_f_) A defendant may apply in writing to the tribunal for the
production of witnesses or of documents. The application shall state
where the witness or document is thought to be located and shall also
state the facts to be proved by the witness or the document and the
relevancy of such facts to the defense. If the tribunal grants the
application, the defendant shall be given such aid in obtaining
production of evidence as the tribunal may order.
Article V
The tribunals shall have the power
(_a_) to summon witnesses to the trial, to require their attendance and
testimony and to put questions to them;
(_b_) to interrogate any defendant who takes the stand to testify in his
own behalf, or who is called to testify regarding another defendant;
(_c_) to require the production of documents and other evidentiary
material;
(_d_) to administer oaths;
(_e_) to appoint officers for the carrying out of any task designated by
the tribunals including the taking of evidence on commission;
(_f_) to adopt rules of procedure not inconsistent with this Ordinance.
Such rules shall be adopted, and from time to time as necessary, revised
by the members of the tribunal or by the committee of presiding judges
as provided in Article XIII.
Article VI
The tribunals shall
(_a_) confine the trial strictly to an expeditious hearing of the issues
raised by the charges;
(_b_) take strict measures to prevent any action which will cause
unreasonable delay, and rule out irrelevant issues and statements of any
kind whatsoever;
(_c_) deal summarily with any contumacy, imposing appropriate
punishment, including the exclusion of any defendant or his counsel from
some or all further proceedings, but without prejudice to the
determination of the charges.
Article VII
The tribunals shall not be bound by technical rules of evidence. They
shall adopt and apply to the greatest possible extent expeditious and
non-technical procedure, and shall admit any evidence which they deem to
have probative value. Without limiting the foregoing general rules, the
following shall be deemed admissible if they appear to the tribunal to
contain information of probative value relating to the charges:
affidavits, depositions, interrogations, and other statements, diaries,
letters, the records, findings, statements and judgments of the military
tribunals and the reviewing and confirming authorities of any of the
United Nations, and copies of any document or other secondary evidence
of the contents of any document, if the original is not readily
available or cannot be produced without delay. The tribunal shall afford
the opposing party such opportunity to question the authenticity or
probative value of such evidence as in the opinion of the tribunal the
ends of justice require.
Article VIII
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