SPECIAL PART

TITLE NINE
CRIMES AGAINST ADMINISTRATIVE ORDER, ADMINISTRATION OF JUSTICE AND MALFEASANCE CRIMES

CHAPTER TWENTY-SEVEN
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Article 258. Failure to obey a court decision

258.1. Intentional disobedience or prevention of execution of a sentencing judgment, court decision, ruling or a judge's ruling that has become final shall be punishable by a fine equal to 5 to 50 amounts of minimum salary, 100 to 250 hours of forced labor, incarceration for a term or 1 to 3 months or imprisonment for a term of up to 2 years.

258.2. Intentional underreporting, concealment or transferring to others of property with the view of evasion of execution of a court decision shall be punishable by a fine equal to 51 to 250 amounts of minimum salary, 251 to 500 hours of forced labor, incarceration for a term or more than 3 to 6 months or imprisonment for a term of up to more than 2 to 4 years.

258.3. The same crime committed by a person who previously was sentenced for the same crime, by an organized group or a criminal organization shall be punishable by imprisonment for a term of up to more than 3 to 5 years.

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.