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particulars of these and of any other proceedings instituted by the Occupying or Detaining Poweragainst protected persons. 492The notification to the Protecting Power, as provided for in the second paragraph ofArticle 71 of the GC, shall be sent immediately, and shall in any case reach the Protecting Powerthree weeks before the date of the first hearing. 493 Unless, at the opening of the trial, evidence issubmitted that the provisions of Article 71 of the GC are fully complied with, the trial shall notproceed. 494 The notification shall include the following particulars:• description of the accused;• place of residence or detention;• specification of the charge or charges (with mention of the penal provisions under whichit is brought);• designation of the court that will hear the case; and• place and date of the first hearing. 49510.29.3 Right of Defense and Trial Procedure. Accused persons shall have the right topresent evidence necessary to their defense and may, in particular, call witnesses. 496 They shallhave the right to be assisted by a qualified advocate or counsel of their own choice, who shall beable to visit them freely and shall enjoy the necessary facilities for preparing the defense. 49710.29.3.1 Additional Provision for Defense Counsel and Interpreter. Failing achoice by the accused, the Protecting Power may provide him or her with an advocate orcounsel. 498 Where the accused person is facing a serious charge and the Protecting Power is notfunctioning, the Occupying or Detaining Power, subject to the consent of the accused, shall492 GC art. 71 (“Furthermore, the Protecting Power shall be entitled, on request, to be furnished with all particularsof these and of any other proceedings instituted by the Occupying Power against protected persons.”).493 GC art. 71 (“The notification to the Protecting Power, as provided for in the second paragraph above, shall besent immediately, and shall in any case reach the Protecting Power three weeks before the date of the firsthearing.”).494 GC art. 71 (“Unless, at the opening of the trial, evidence is submitted that the provisions of this Article are fullycomplied with, the trial shall not proceed.”).495 GC art. 71 (“The notification shall include the following particulars: (a) description of the accused; (b) place ofresidence or detention; (c) specification of the charge or charges (with mention of the penal provisions under whichit is brought); (d) designation of the court which will hear the case; (e) place and date of the first hearing.”).496 GC art. 72 (“Accused persons shall have the right to present evidence necessary to their defence and may, inparticular, call witnesses.”).497 GC art. 72 (“They shall have the right to be assisted by a qualified advocate or counsel of their own choice, whoshall be able to visit them freely and shall enjoy the necessary facilities for preparing the defence.”).498 GC art. 72 (“Failing a choice by the accused, the Protecting Power may provide him with an advocate orcounsel.”).714

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