'Rights during trial - present at trial' in document 'Estonia - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 2
PERSONS SUBJECT TO CRIMINAL PROCEEDING

Division 4
Suspect and Accused

§ 34. Rights and obligations of suspects

(1) A suspect has the right to :

6) participate in the hearing of an application for an arrest warrant in court ;

Chapter 2
PERSONS SUBJECT TO CRIMINAL PROCEEDING

Division 4
Suspect and Accused

§ 34. Rights and obligations of suspects

(3) A suspect is required to :

1) appear when summoned by an investigative body, Prosecutor's Office or court ;
2) participate in procedural acts and obey the orders of investigative bodies, Prosecutors' Offices and courts.

Chapter 10
COURT PROCEDURE IN COUNTY COURTS

Division 2
General Conditions for Court Hearing

§ 269. Participation of accused in court hearing

(1) A criminal matter shall be heard in the presence of the accused, taking into account the exceptions specified in this section and § 2761 of this Code. If the accused fails to appear, the court hearing shall be adjourned. Participation of the accused in the pronouncement of the court judgment is not mandatory.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

RELEVANT ROME STATUTE PROVISIONS

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