Financial Crime World

Public Trial Protocol Signed and Sealed: Accused Entitled to Inspect

In a significant development in the ongoing public trial, the protocol of the proceedings was signed and sealed today by the presiding judge and the court official. The protocol is a crucial document that outlines the details of the trial, including testimony, evidence, and other key events.

Signing and Sealing of Protocol

According to Article 53 of the Public Trial Act, the protocol must be signed and sealed by the presiding judge and a court official of Grade IV or VIII who has participated in the trial. In cases where the presiding judge is unable to sign and seal the document, another judge may do so, appending a statement explaining the reason.

Completion and Updates

The protocol must be completed within five days after each public trial date, as per Article 54. The summary of previous testimony at a hearing must also be entered into the protocol before the next hearing. If any changes or objections are raised by the public prosecutor, accused, or defense counsel, these will be recorded in the protocol.

Inspection and Reading of Protocol

In a significant concession to the accused, Article 55 states that they have the right to demand the inspection of the protocol and may even request that it be read to them if they cannot read. If this demand is not accepted, the protocol may not be considered as evidence of guilt.

Probative Value

The probative value of the protocol was highlighted in Article 56, which states that proceedings written in the protocol can only be proved by the protocol itself.

New Measures for Recording Trial Proceedings

In a related development, the court has introduced new measures to facilitate the recording of trial proceedings. Under Article 56-2, the court may record questions and answers using a stenographer or recording appliance. The defendant, defense counsel, or public prosecutor may also request written notes or recordings at their own expense.

Preparation and Modification of Documents

The articles also cover the preparation and modification of documents by public officials, as well as the service of documents to the accused, legal representatives, and other parties involved in the trial.

Ensuring Transparency and Fairness

As the public trial continues, these measures aim to ensure transparency and fairness in the proceedings.