V. POWERS OF THE TRIBUNAL AND CONDUCT OF THE TRIAL

_Article 17._ The Tribunal shall have the power:

(a) to summon witnesses to the Trial and to require their attendance and

testimony and to put questions to them,

(b) to interrogate any defendant,

(c) to require the production of documents and other evidentiary material,

(d) to administer oaths to witnesses,

(e) to appoint officers for the carrying out of any task designated by the

Tribunal including the power to have evidence taken on commission.

_Article 18_. The Tribunal 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 exclusion of any defendant or his counsel from some or all

further proceedings, but without prejudice to the determination of the

charges.

_Article 19._ The Tribunal shall not be bound by technical rules of

evidence. It shall adopt and apply to the greatest possible extent

expeditious and non-technical procedure, and shall admit any evidence

which it deems to have probative value.

_Article 20._ The Tribunal may require to be informed of the nature of

any evidence before it is offered so that it may rule upon the relevance

thereof.

_Article 21._ The Tribunal shall not require proof of facts of common

knowledge but shall take judicial notice thereof. It shall also take

judicial notice of official governmental documents and reports of the

United Nations, including the acts and documents of the committees set

up in the various Allied countries for the investigation of war crimes,

and the records and findings of military or other Tribunals of any of

the United Nations.

_Article 22._ The permanent seat of the Tribunal shall be in Berlin. The

first meetings of the members of the Tribunal and of the Chief

Prosecutors shall be held at Berlin in a place to be designated by the

Control Council for Germany. The first trial shall be held at Nuremberg,

and any subsequent trials shall be held at such places as the Tribunal

may decide.

_Article 23._ One or more of the Chief Prosecutors may take part in the

prosecution at each trial. The function of any Chief Prosecutor may be

discharged by him personally, or by any person or persons authorized by

him.

The function of counsel for a defendant may be discharged at the

defendant’s request by any counsel professionally qualified to conduct

cases before the Courts of his own country, or by any other person who

may be specially authorized thereto by the Tribunal.

_Article 24._ The proceedings at the Trial shall take the following

course:

(a) The Indictment shall be read in court.

(b) The Tribunal shall ask each defendant whether he pleads “guilty” or

“not guilty”.

(c) The Prosecution shall make an opening statement.

(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.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 01 · 第 25 / 199 题