PART II

TITLE VII- THE TRIAL

CHAPTER II- THE COURT EXAMINATION

SECTION I- GENERAL RULES

Article 344- The presence of the defendant in the hearing

1. The defendant participates in the hearing as a free person even when he is detained, except
when it is necessary to take measures to prevent the escape or violence.

2. The defendant who, due to his behaviour hinders the normal performance of the hearing even having been warned shall be expelled from the court room by order of the chairman.

3. The expelled defendant is deemed to be present and is represented by the defence lawyer. He can be readmitted to enter the courtroom in any time.

4. The absence of the defendant as a result of expulsion and has not accepted to have a defence counsel, does not prevent the hearing to be held. In this case a defence counsel is assigned ex officio and the trial continues. The defendant or the defence counsel assigned by him may be admitted in court at any time.

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