Who decides who will be put on trial? And who decides what they will be charged with?

Two Co-Prosecutors (one Cambodian and one foreign) collect preliminary evidence of alleged crimes committed and draft a list of suspects. The Co-Prosecutors forward their findings to the two Co-Investigating Judges (one Cambodian and one foreign).

The Co-Investigating Judges scrutinize the findings they have received and carry out independent, impartial investigations before deciding whether to issue an indictment sending the case to trial or to dismiss the case.