Article 4.40 Criminal Procedural Framework

(a1) Criminal procedure applicable to offenses within the jurisdiction of the IC Court shall be governed by one of the following, as stipulated by Host Country legislation:
(ia) a dedicated Criminal Procedural Code for the ICT, enacted by Host Country legislation and giving effect to the principles, arrangements, and allocations agreed in the Concession Agreement or equivalent instrument;
(iib) the criminal procedural code of the Host Country, where its applicability to the ICT is expressly provided for; or
(iiic) as a default backstop where neither paragraph (a) nor paragraph (b) applies, the criminal procedural law of England and Wales, as in force from time to time, to the extent not inconsistent with this Code, in particular fundamental principles set out in Chapter 1 of this Part, applied mutatis mutandis and subject to the Constitution of the Host Country.

(b2) The applicable criminal procedural framework shall regulate, inter alia:
(ia) investigation, arrest, detention, and bail;
(iib) charging decisions and commencement of proceedings;
(iiic) disclosure, admissibility, and management of evidence;
(ivd) trial procedures and standards of proof;
(ve) enforcement of sentences and ancillary orders;
(vif) appeal and review mechanisms; and
(viig) the treatment of vulnerable persons, including minors and victims.

(c) (3) The applicable criminal procedural framework shall be interpreted and applied consistently with the principles set out in Article 4.38.