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16 Crim. L.F. 1 (2005)

handle is hein.journals/crimlfm16 and id is 1 raw text is: Criminal Law Forum (2005) 16: 1-31 © Springer 2005 DOI 10.1007/s10609-005-2231-5 CARSTEN STAHN* MODIFICATION OF THE LEGAL CHARACTERIZATION OF FACTS IN THE ICC SYSTEM: A PORTRAYAL OF REGULATION 55 I saw the angel in the marble and carved until I set him free Michelangelo According to a popular historical anecdote, Michelangelo used a piece of marble that other sculptors rejected to create his famous statue of David. When a boy came by and asked him why he was working so hard on the stone, Michelangelo replied Young boy, I saw an angel deep at rest within the marble, waiting to be set free to inspire Florence - and the world. The relationship between the concept of the legal characterization of facts1 and the ICC Statute is similar to Michelangelo's imagery of the angel in marble. The contours of the principle are enshrined in Article 74 of the Rome Statute, which distinguishes between char- ges and facts and circumstances in the charges. The judges of the Court have now set it out in a Regulation dealing with the authority of the Trial Chamber to modify the legal characterization of facts (Regulation 55). The regulation reads: 1. In its decision under Article 74, the Trial Chamber may change the legal characterization of facts to accord with the crimes under articles 6, 7 or 8, or to accord with the form of participation of the accused under articles 25 and 28, without exceeding the facts and circumstances described in the charges and any amendments to the charges. 2. If, at any time during the trial, it appears to the Chamber that the legal characterization of facts may be subject to change, the Chamber shall give notice to the participants of such a possibility and having heard the evidence, shall, at an appropriate stage of the proceedings, give the * LL.M (NYU), LL.M (K61n-Paris), Associate Legal Advisor, International Criminal Court. The views expressed in this article are those of the author alone and do not necessarily reflect the views of the International Criminal Court. This concept is a traditional civil law concept which allows courts to reclassify the legal qualification of facts submitted by the parties in the course of the trial.

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