Article IV

In order to ensure fair trial for the defendants, the following

procedure shall be followed:

(_a_) A defendant shall be furnished, at a reasonable time before his

trial, a copy of the indictment and of all documents lodged with the

indictment, translated into a language which he understands. The

indictment shall state the charges plainly, concisely and with

sufficient particulars to inform defendant of the offenses charged.

(_b_) The trial shall be conducted in, or translated into, a language

which the defendant understands.

(_c_) A defendant shall have the right to be represented by counsel of

his own selection, provided such counsel shall be a person qualified

under existing regulations to conduct cases before the courts of

defendant’s country, or any other person who may be specially authorized

by the tribunal. The tribunal shall appoint qualified counsel to

represent a defendant who is not represented by counsel of his own

selection.

(_d_) Every defendant shall be entitled to be present at his trial

except that a defendant may be proceeded against during temporary

absences if in the opinion of the tribunal defendant’s interests will

not thereby be impaired, and except further as provided in Article VI

(_c_). The tribunal may also proceed in the absence of any defendant who

has applied for and has been granted permission to be absent.

(_e_) A defendant shall have the right through his counsel to present

evidence at the trial in support of his defense, and to cross examine

any witness called by the prosecution.

(_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.

Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I · 第 47 / 486 题