Part II
THE COURSE OF PROCEEDINGS
C. TRIAL AND JUDGMENT
Chapter XXIV
THE TRIAL
2. Conducting the trial
Measures for maintaining order in the courtroom
Article 323
(1) If the defendant, defense counsel, the injured person, legal representative, proxy, witness, expert witness, interpreter or other person attending the trial disturbs order, violates the dignity of the court or fails to comply with orders of the President of the Trial Chamber on maintenance of order, the President of the Trial Chamber shall warn him and shall enter the warning into the record of the trial.
(2) If the warning specified in paragraph 1 of the present Article is unsuccessful, the President of the Trial Chamber may order the person specified in paragraph 1 of the present Article to be removed from the courtroom, and may also discipline such person with a fine not exceeding 150,000 CSD.
(3) If the person specified in paragraph 1 of the present Article continues to disturb the order and fails to respect the ruling of the President of the Trial Chamber even after the fine was pronounced, the Trial Chamber may decide to pronounce another fine up to 300,000 CSD.
(4) If the person specified in paragraph 1 of the present Article, with the exception of the defendant and after pronouncing of the fine specified in paragraph 3 of the present Article continues to disturb the order and disobey the instructions of the President of the Trial Chamber regarding maintenance of order, and by doing so displays serious contempt of the court and seriously frustrates conducting of the trial, the President of the Trial Chamber shall make a separate record which shall include the statements of such person and description of his behavior, and shall submit this record together with the record of the trial and, when necessary, with a copy of other documents, to the President of the Court. The President of the Court may within 8 days issue a decision on fine amounting up to 450,000 CSD or imprisonment up to 7 days, i.e. may pronounce both penalties to the person specified in paragraph 3 of the present Article.
(5) An appeal may be filed against the ruling on sanctioning specified in paragraphs 2 to 4 of the present Article to the chamber specified in Article 24, paragraph 6 of the present Code. The appeal shall not stay enforcement of the decision nor shall it represent grounds for suspension or adjournment of the trial. The President of the Trial Chamber, i.e. the President of the Court shall submit to the chamber ruling on the appeal, a copy of the trial record and, if necessary, a copy of other files.
(6) Exceptionally, the ruling on sentencing specified in paragraph 2 of the present Article may be revoked if the sanctioned person apologizes to the court and promises not to disturb the order in the courtroom any more.
(7) Other rulings related to maintenance of order and conduct of the trial shall not be a subject to appeal.
(8) Penalty set forth in paragraphs 2 and 3 of the present Article does not preclude criminal prosecution of the fined person if his action concurrently constitutes a criminal offence, in which case action shall be undertaken pursuant to Article 324, paragraphs 1 and 2 hereof.
(9) If the defendant is removed from the courtroom, the President of the Trial Chamber shall order that he be returned to the courtroom immediately following conclusion of the action during which he was removed. If the defendant continues to disturb the order in the courtroom, the Trial Chamber may remove him again from the courtroom for a certain period of time, and if the defendant has already been questioned at the trial, then for the duration of the evidentiary proceedings. Prior to conclusion of evidentiary proceedings the President of the Trial Chamber shall ensure the presence of the defendant, inform him of the course of the trial, inform him about the statements of previously questioned co-defendants, i.e. enable him to read the record of these statements if he so wishes, and shall ask him to plead in respect of the charges, if he has not done so before. If the defendant continues to disturb the order and insults the dignity of the court, the Trial Chamber may again remove him from the hearing, in which case the trial shall be concluded in the absence of the defendant, and the verdict shall be communicated to him by the President of the Trial Chamber or by a judge- member of the Trial Chamber in the presence of the court reporter.
(10) The Trial Chamber may deny further defense or representation at the trial to a defense counsel or proxy who after being penalized continues to disturb order, and in such a case the party shall be called to retain another defense counsel i.e. proxy. If the defendant who has not been questioned is unable to do so, or if in case of mandatory defense the court cannot assign a new defense counsel without prejudicing the defense, the trial shall be suspended or adjourned and the defense counsel shall be ordered to bear the costs of such suspension or adjournment. If the private prosecutor or subsidiary prosecutor do not retain another counsel, the Trial Chamber may decide to continue the trial in the absence of proxy, if it finds that his absence would not prejudice the interests of the represented person, and if the trial is suspended or adjourned when continuing of the trial is impossible without a proxy, the proxy shall be obligated to bear the cost of such suspension or adjournment. A ruling thereupon shall be entered into the record along with the statement of reasons. This ruling is not subject to special appeal.
(11) If the Trial Chamber removes from the courtroom the subsidiary prosecutor or the private prosecutor or their legal representative from the courtroom, the trial shall continue in their absence.
(12) If the Public Prosecutor or person deputizing for him disturbs order, violates the dignity of the court or fails to comply with the orders of the President of the Trial Chamber regarding order, the President of the Trial Chamber shall warn such person, enter the warning in the record of the trial and accordingly notify the relevant Public Prosecutor and the directly higher ranking Public Prosecutor. The President of the Trial Chamber may suspend the trial and request the competent Public Prosecutor to appoint another person to represent the prosecution.
(13) If the President of the Trial Chamber or the Trial Chamber sanctions a defense counsel or attorney apprentice who disturbs order, violates the dignity of the court or does not comply with instructions of the President of the Trial Chamber regarding maintenance of order, the President of the Court shall accordingly notify the relevant Attorney Bar Association, which shall inform the President of the Trial Chamber and the President of the Court of the measures undertaken within two months from the moment it received the notice.
Disruption of trial - removal of the accused
EDIT.