Internal Rule 53

<div><b>Rule 53. Introductory Submissions</b></div><div><br></div><div>1. If the Co-Prosecutors have reason to believe that crimes within the jurisdiction of the ECCC have been committed, they shall open a judicial investigation by sending an Introductory Submission to the Co-Investigating Judges, either against one or more named persons or against unknown persons. The submission shall contain the following information:</div><div>a) a summary of the facts;</div><div>b) the type of offence(s) alleged; </div><div>c) the relevant provisions of the law that defines and punishes the crimes; </div><div>d) the name of any person to be investigated, if applicable; and </div><div>e) the date and signature of both Co-Prosecutors.</div><div><br></div><div>2. The submission shall be accompanied by the case file and any other material of evidentiary value in the possession of the Co-Prosecutors, including any evidence that in the actual knowledge of the Co-Prosecutors may be exculpatory.</div><div><br></div><div>3.<span class="Apple-tab-span" style="white-space:pre"> </span>The absence of any of the formalities provided in sub rule 1 shall render the submission void.</div><div><br></div><div>4.<span class="Apple-tab-span" style="white-space:pre"> </span>The Co-Prosecutors shall, as soon as practicable, disclose to the Co-Investigating Judges any material that in the actual knowledge of the Co-Prosecutors may suggest the innocence or mitigate the guilt of the Suspect or the Charged Person or affect the credibility of the prosecution evidence.</div><div><br></div><div>5. The Office of Administration shall organize and index a copy of this information using a computerized case file management system.</div><div><br></div><div>6. Where it is decided not to pursue a complaint at the end of a preliminary investigation, all associated complainants shall be notified of the decision within 30 (thirty) days thereof.</div>