Part II
THE COURSE OF PROCEEDINGS

C. TRIAL AND JUDGMENT

Chapter XXIV
THE TRIAL

1. Public nature of the trial

Persons exempt from exclusion of the public and the caution to maintain
confidentiality
Article 318
(1) Exclusion of the public does not relate to the parties, injured person, their representatives, proxies and the defense counsel.

Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

The Defendant’s Presence in Court

Article 13

A defendant accessible to the court may be tried only in his presence, except where in absentia trials are exceptionally allowed under this Code.

A criminal sanction may not be pronounced to a defendant who is accessible to the court if that defendant has not been allowed to be heard and to defend himself.

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