Internal Rule 67

<div><b>Rule 67. Closing Orders by the Co-Investigating Judges</b></div><div>(<i>Amended on 1 February 2008 and 9 February 2010)</i></div><div><br></div><div>1.<span class="Apple-tab-span" style="white-space:pre"> </span>The Co-Investigating Judges shall conclude the investigation by issuing a Closing Order, either indicting a Charged Person and sending him or her to trial, or dismissing the case. The Co- Investigating Judges are not bound by the Co-Prosecutors’ submissions.</div><div><br></div><div>2.<span class="Apple-tab-span" style="white-space:pre"> </span>The Indictment shall be void for procedural defect unless it sets out the identity of the Accused, a description of the material facts and their legal characterisation by the Co-Investigating Judges, including the relevant criminal provisions and the nature of the criminal responsibility.</div><div><br></div><div>3.<span class="Apple-tab-span" style="white-space:pre"> </span>The Co-Investigating Judges shall issue a Dismissal Order in the following circumstances:</div><div>a) The acts in question do not amount to crimes within the jurisdiction of the ECCC; </div><div>b) The perpetrators of the acts have not been identified; or </div><div>c) There is not sufficient evidence against the Charged Person or persons of the charges.</div><div><br></div><div>4.<span class="Apple-tab-span" style="white-space:pre"> </span>The Closing Order shall state the reasons for the decision. A Closing Order may both send the case to trial for certain acts or against certain persons and dismiss the case for others.</div><div><br></div><div>5.<span class="Apple-tab-span" style="white-space:pre"> </span>The Co-Prosecutors, the Accused and Civil Parties must be immediately notified upon issue of a Closing Order, and receive a copy thereof. The order is subject to appeal as provided in Rule 74. Any Civil Party whose appeal against the denial of his or her Civil Party application is successful pursuant to IR 23(5) joins the single, consolidated group and accordingly, any Civil Party appeal of the Dismissal Order that is still pending.</div><div><br></div><div>6. In the Closing Order, the Co-Investigating Judges shall make any necessary decisions concerning sealed items and, for this purpose, may grant leave or invite the submission of amicus curiae briefs.</div>