Serbia

Criminal Procedure Code

Part Two
COURSE OF THE PROCEEDINGS

Chapter XVIII
TRIAL AND JUDGMENT

1. Trial

b) Holding the Trial

b. Conducting the Trial

Removal of the Defendant from the Courtroom
Article 371

If the measures referred to in Article 370 paragraph 1 of this Code are unsuccessful, the panel may order the defendant removed from the courtroom for the duration of a certain evidentiary action, and if after returning to the courtroom the defendant continues to disturb the order, the panel may remove him until the conclusion of the evidentiary proceedings and order, if there exists such a possibility, that the defendant follow the course of the proceedings from a separate room by means of an audio and video link.

Before the conclusion of the evidentiary proceedings the president of the panel will, if the technical link for monitoring the course of the proceedings referred to in paragraph 1 of this Article did not exist, inform the defendant about the course of the evidentiary proceedings for the period during which he was removed from the courtroom, inform him about the testimony given by co-defendants previously questioned, or make it possible for him to read the transcripts of that testimony, if the defendant so requests, and ask him to state his position on the charges, unless he had already done so.

If the defendant in the case referred to in paragraph 2 of this Article continues to disturb the order, the panel may remove him from the courtroom again without a right to attend the trial until its conclusion, in which case the president of the panel or a judge member of the panel will inform the defendant about the judgment in the presence of the record-keeper.

In case a defendant who has no defence counsel is removed from the courtroom in accordance with paragraphs 1 and 3 of this Article, the president of the court will assign a court appointed defence counsel for him (Article 74 item 6) and Article 76).


Keywords

Fair trial standards
Trials in absentia
Disruption of trial - removal of the accused



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