Part II
THE COURSE OF PROCEEDINGS

C. TRIAL AND JUDGMENT

Chapter XXIV
THE TRIAL

2. Conducting the trial

Measures for maintaining order in the courtroom
Article 323
(1) If the defendant, defense counsel, the injured person, legal representative, proxy, witness, expert witness, interpreter or other person attending the trial disturbs order, violates the dignity of the court or fails to comply with orders of the President of the Trial Chamber on maintenance of order, the President of the Trial Chamber shall warn him and shall enter the warning into the record of the trial.
(2) If the warning specified in paragraph 1 of the present Article is unsuccessful, the President of the Trial Chamber may order the person specified in paragraph 1 of the present Article to be removed from the courtroom, and may also discipline such person with a fine not exceeding 150,000 CSD.
(3) If the person specified in paragraph 1 of the present Article continues to disturb the order and fails to respect the ruling of the President of the Trial Chamber even after the fine was pronounced, the Trial Chamber may decide to pronounce another fine up to 300,000 CSD.
(4) If the person specified in paragraph 1 of the present Article, with the exception of the defendant and after pronouncing of the fine specified in paragraph 3 of the present Article continues to disturb the order and disobey the instructions of the President of the Trial Chamber regarding maintenance of order, and by doing so displays serious contempt of the court and seriously frustrates conducting of the trial, the President of the Trial Chamber shall make a separate record which shall include the statements of such person and description of his behavior, and shall submit this record together with the record of the trial and, when necessary, with a copy of other documents, to the President of the Court. The President of the Court may within 8 days issue a decision on fine amounting up to 450,000 CSD or imprisonment up to 7 days, i.e. may pronounce both penalties to the person specified in paragraph 3 of the present Article.
(5) An appeal may be filed against the ruling on sanctioning specified in paragraphs 2 to 4 of the present Article to the chamber specified in Article 24, paragraph 6 of the present Code. The appeal shall not stay enforcement of the decision nor shall it represent grounds for suspension or adjournment of the trial. The President of the Trial Chamber, i.e. the President of the Court shall submit to the chamber ruling on the appeal, a copy of the trial record and, if necessary, a copy of other files.

(6) Exceptionally, the ruling on sentencing specified in paragraph 2 of the present Article may be revoked if the sanctioned person apologizes to the court and promises not to disturb the order in the courtroom any more.
(7) Other rulings related to maintenance of order and conduct of the trial shall not be a subject to appeal.
(8) Penalty set forth in paragraphs 2 and 3 of the present Article does not preclude criminal prosecution of the fined person if his action concurrently constitutes a criminal offence, in which case action shall be undertaken pursuant to Article 324, paragraphs 1 and 2 hereof.
(9) If the defendant is removed from the courtroom, the President of the Trial Chamber shall order that he be returned to the courtroom immediately following conclusion of the action during which he was removed. If the defendant continues to disturb the order in the courtroom, the Trial Chamber may remove him again from the courtroom for a certain period of time, and if the defendant has already been questioned at the trial, then for the duration of the evidentiary proceedings. Prior to conclusion of evidentiary proceedings the President of the Trial Chamber shall ensure the presence of the defendant, inform him of the course of the trial, inform him about the statements of previously questioned co-defendants, i.e. enable him to read the record of these statements if he so wishes, and shall ask him to plead in respect of the charges, if he has not done so before. If the defendant continues to disturb the order and insults the dignity of the court, the Trial Chamber may again remove him from the hearing, in which case the trial shall be concluded in the absence of the defendant, and the verdict shall be communicated to him by the President of the Trial Chamber or by a judge- member of the Trial Chamber in the presence of the court reporter.
(10) The Trial Chamber may deny further defense or representation at the trial to a defense counsel or proxy who after being penalized continues to disturb order, and in such a case the party shall be called to retain another defense counsel i.e. proxy. If the defendant who has not been questioned is unable to do so, or if in case of mandatory defense the court cannot assign a new defense counsel without prejudicing the defense, the trial shall be suspended or adjourned and the defense counsel shall be ordered to bear the costs of such suspension or adjournment. If the private prosecutor or subsidiary prosecutor do not retain another counsel, the Trial Chamber may decide to continue the trial in the absence of proxy, if it finds that his absence would not prejudice the interests of the represented person, and if the trial is suspended or adjourned when continuing of the trial is impossible without a proxy, the proxy shall be obligated to bear the cost of such suspension or adjournment. A ruling thereupon shall be entered into the record along with the statement of reasons. This ruling is not subject to special appeal.

(11) If the Trial Chamber removes from the courtroom the subsidiary prosecutor or the private prosecutor or their legal representative from the courtroom, the trial shall continue in their absence.
(12) If the Public Prosecutor or person deputizing for him disturbs order, violates the dignity of the court or fails to comply with the orders of the President of the Trial Chamber regarding order, the President of the Trial Chamber shall warn such person, enter the warning in the record of the trial and accordingly notify the relevant Public Prosecutor and the directly higher ranking Public Prosecutor. The President of the Trial Chamber may suspend the trial and request the competent Public Prosecutor to appoint another person to represent the prosecution.
(13) If the President of the Trial Chamber or the Trial Chamber sanctions a defense counsel or attorney apprentice who disturbs order, violates the dignity of the court or does not comply with instructions of the President of the Trial Chamber regarding maintenance of order, the President of the Court shall accordingly notify the relevant Attorney Bar Association, which shall inform the President of the Trial Chamber and the President of the Court of the measures undertaken within two months from the moment it received the notice.

Part Two
COURSE OF THE PROCEEDINGS

Chapter XVIII
TRIAL AND JUDGMENT

1. Trial

b) Holding the Trial

b. Conducting the Trial

Removal of the Defendant from the Courtroom
Article 371

If the measures referred to in Article 370 paragraph 1 of this Code are unsuccessful, the panel may order the defendant removed from the courtroom for the duration of a certain evidentiary action, and if after returning to the courtroom the defendant continues to disturb the order, the panel may remove him until the conclusion of the evidentiary proceedings and order, if there exists such a possibility, that the defendant follow the course of the proceedings from a separate room by means of an audio and video link.

Before the conclusion of the evidentiary proceedings the president of the panel will, if the technical link for monitoring the course of the proceedings referred to in paragraph 1 of this Article did not exist, inform the defendant about the course of the evidentiary proceedings for the period during which he was removed from the courtroom, inform him about the testimony given by co-defendants previously questioned, or make it possible for him to read the transcripts of that testimony, if the defendant so requests, and ask him to state his position on the charges, unless he had already done so.

If the defendant in the case referred to in paragraph 2 of this Article continues to disturb the order, the panel may remove him from the courtroom again without a right to attend the trial until its conclusion, in which case the president of the panel or a judge member of the panel will inform the defendant about the judgment in the presence of the record-keeper.

In case a defendant who has no defence counsel is removed from the courtroom in accordance with paragraphs 1 and 3 of this Article, the president of the court will assign a court appointed defence counsel for him (Article 74 item 6) and Article 76).

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:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused’s choosing in confidence;
(c) To be tried without undue delay;
(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;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor’s possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.