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This chapter explores the concept of disclosure in criminal proceedings, focusing on its role in ensuring a fair trial and the opposing interests that may favor limited or delayed disclosure. The disclosure obligations of various participants, including the prosecution and the victim, and the impact of disclosure on the efficiency and security of criminal proceedings. The text also compares the disclosure regime in common law jurisdictions with that of civil law systems, highlighting the differences in their approaches to investigating and disclosing evidence.
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Chapter five
1 Black’s law Dictionary, 2004. in u.s. law the similar notion discovery is used. 2 Brady, 2001 (i), 403; Kate Gibson & Cainnech lussiaà-Berdou, “Disclosure of evidence”, Karim a.a. Khan, Caroline Buisman & Christopher Gosnell (eds.), Principles of Evidence in International Criminal Justice, 306–372 , (oxford university press, oxford, 2010), 306. 3 Mark B. harmon & Magdalini Karagiannakis, “the Disclosure of exculpatory Mate- rial by the prosecution to the Defence under rule 68 of the iCtY rules”, richard May, et al. (eds.), Essays on ICTY Procedure and Evidence: In Honour of Gabrielle Kirk McDonald, 315–328 , (Kluwer law international, the hague, 2001), 326–327.
4 May and Wierda, 2002, 73; vladimir tochilovsky, Jurisprudence of the International Criminal Courts and the European Court of Human Rights: Procedure and Evidence , (Marti- nus nijhoff publishers, leiden, 2008), 107. 5 safferling, 2001, 196f; orie, 2002, 1469 noting the resemblance to the us federal rules of Criminal procedure; Zappalà, 2003, 143; friman, 2004 (i), 213. 6 orie, 2002, 1443, 1449–1451, 1484; friman, 2004 (i), 213; vladimir tochilovsky, “legal systems and cultures in the iCC: the experience from the international Criminal tribunal for the former Yugoslavia”, horst fischer, Claus Kreß & sascha rolf lüder (eds.), Interna- tional and national prosecution of crimes under International Law, 627–644 , second edition, (Berliner Wissenschafts-verlag, Berlin, 2004), 640–641; ambos, 2007, 472–473; Buisman et al., 2010, 23. 7 Gibson & lussiaà-Berdou, 2010, 311. 8 Lubanga , iCC pt. Ch. i, 15 May 2006, para. 61. 9 see section 5.5 on Disclosure inter partes and Communication of evidence to the Chamber. 10 Lubanga , iCC pt. Ch. i, 15 May 2006, 4.