Spans in 'Bosnia - Criminal Procedure Code' tagged with 'Rights during trial

'Rights during trial - present at trial' in document 'Bosnia - Criminal Procedure Code'

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More information about the keyword 'Rights during trial - present at trial'
More information about the document 'Bosnia - Criminal Procedure Code'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART TWO - COURSE OF THE PROCEEDINGS

CHAPTER XXI - THE MAIN TRIAL

Section 1 – PUBLIC NATURE OF THE MAIN TRIAL

Article 236 - Persons to Whom Exclusion of the Public Is Not Applicable

Exclusion of the public shall not include parties, the defense attorney, the injured party, the legal representatives and the power of attorney.

The judge or the Panel of judges may allow certain officials, scientists and public officials to be present at the main trial from which the public is excluded, and the judge or the Panel of judges, at the request of the accused, may allow the presence also to the accused’s spouse, or his extramarital partner and his close relatives.

The judge or the Panel of judges shall warn persons attending the main trial closed to public that they must keep in secret everything they learn at the main trial and shall warn them that it is a criminal offense to disclose such information.

RELEVANT ROME STATUTE PROVISIONS

Article 63
Trial in the presence of the accused
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it