نوع مقاله : مقاله پژوهشی
نویسنده
حقوق بین الملل ، حقوق ، دانشگاه آزاد اسلامی، بوشهر ، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Following the allegations of crimes against humanity and war crimes against Bemba, the International Criminal Court, based on Article 70 of the Statute, dealt with the charges against Bemba et al under the heading of crimes against the administration of justice. The prosecutor requested from the pre-trial chamber 3 to listen to the telephone conversations between Bemba and his lawyer, which were made with the aim of influencing the witnesses through the payment of bribes; and the mentioned chamber agreed to this request., we are looking for an answer to the question that regarding the permission to listen to Bemba's conversations with his lawyer and the violation of the right to professional privileges and the principle of confidentiality; What are the considerations in order to limit the scope of discretion of the prosecutor, and secondly, in what circumstances and in what types of crimes is it possible to refer to the contents of the conversations between us, by studying the provisions of the statute, procedure and evidence, as well as the procedure of the International Criminal Court, it is concluded that; Considering the appointment of a third ; The interrogation of the accused before the lawyer as evidence in the main crimes (the subject of Article 5 of the Statute) cannot be heard and cited, and the violation of the right to professional privileges requires the existence of a strong suspicion and participation in the commission of a crime.
کلیدواژهها [English]
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