'Sanctions for misconduct before the court - national proceedings' in document 'Ukraine - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 24

TRIAL GENERAL PROVISIONS

Article 271. Court session’s routine

Presiding judge maintains order during court session.

All participants to trial, as well as those present in court room are required to follow presiding judge’s instructions indisputably, to keep the established order of court session and refrain from any actions that testify obvious contempt of court or the rules established by the court. For the contempt of court guilty persons are brought to responsibility prescribed by law. The question about the brining the person to responsibility for contempt of court is considered by the court immediately after commitment of the violation, and therefore a recess is announced in court session of the criminal trial.

All participants to trial address the court, give their testimonies, and make their statements upright.

Derogation from this rule is allowed only upon permission of the presiding judge. Persons, who have not attained the age of 16, unless they are defendants, victims, or witnesses in the case, are not allowed in the court room.

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 24

TRIAL GENERAL PROVISIONS

Article 272. Measures to be taken against violators of the routine of court session

If public prosecutor, community accuser, defense counsel or community defense counsel disregards requests of the presiding judge, the latter warns them. If they repeat such behavior, the trial, upon presiding judge’s order and court’s decision, may be adjourned whenever such violator cannot be replaced with another person without compromising the case. At the same time, the court informs thereon the higher prosecutor, Ministry of Justice of Ukraine, qualification-disciplinary commission of the Bar.
For disobedience to presiding judge’s requests or breach of order in court session, the witness, victim, civil plaintiff, civil defendant, and other citizens are liable under Article 185-3, first paragraph, of the Code of Administrative Offenses of Ukraine.