Part Two
COURSE OF THE PROCEEDINGS

V THE MAIN HEARING AND JUDGMENT

Chapter XXII
THE MAIN HEARING

2. DIRECTION OF THE MAIN HEARING

Maintenance of order and imposition of punishment due to disruption of order and procedural discipline

Article 321
(1) If the defendant, defense attorney, the injured party, proxy, legal representative, witness, expert witness, interpreter or other person attending the main hearing disrupts order, insults the Court, parties and other participants to the proceedings or fails to comply with the directions of the Chair of the Panel concerning the maintenance of order, the Chair of the Panel shall warn him/her. If such a warning fails to be successful, the Panel may order the defendant to be removed from the Courtroom, while other persons may not only be removed but also punished by a fine in the amount not exceeding € 1.000.

(2) By a decision of the Panel, the defendant may be removed from the Courtroom for a certain period of time, and if s/he has already been examined at the main hearing, than for the whole presentation of evidence. Before the presentation of evidence is completed, the Chair of the Panel shall call in the defendant and inform him/her about the course of the main hearing. If the accused continues to disrupt order and offend the dignity of the Court, the Panel may remove him/her again from the Courtroom. In such a case, the main hearing shall be concluded in the absence of the defendant, and the judgment shall be communicated to him/her by the Chair of the Panel or by a judge, who is the member of the Panel, in the presence of the Court clerk.

(3) The Panel may deny further defense or representation at the main hearing to a defense attorney or proxy who after being punished continues to disrupt order, and in such a case the party shall be called on to retain another defense attorney or proxy. If it is impossible for the defendant who has not been examined at the main hearing to do so, or if in the case of mandatory defense it is impossible for the Court to assign a new defense attorney without prejudicing the defense, the main hearing shall be recessed or a continuance of the main hearing shall be ordered, and the defense attorney shall be ordered to pay expenses incurred due to the interruption or postponement of the main hearing. If the private Prosecutor or subsidiary Prosecutor do not retain another proxy, the Panel may decide to continue the main hearing in the absence of a proxy, if it establishes that this would not prejudice the interests of the person whom s/he represents. A ruling thereon shall be entered into the records along with the statement of reasons. An interlocutory appeal may not be filed against this ruling.

(4) If the Court removes the subsidiary Prosecutor or the private Prosecutor or their legal representative from the Courtroom, the main hearing shall continue in their absence, but the Court shall instruct them that they may retain a proxy.

(5) If the State Prosecutor or a person acting on his/her behalf disrupts order, the Chair of the Panel shall notify the competent State Prosecutor thereof, and s/he may recess the main hearing and request the competent State Prosecutor to appoint other person to represent the prosecution.

(6) After punishing an attorney who disrupts order, the Court shall notify about that the Bar Chamber of which s/he is a member.

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.