Albania

Criminal Procedure Code of the Republic of Albania

PART II

TITLE VII- THE TRIAL

CHAPTER II- THE COURT EXAMINATION

SECTION I- GENERAL RULES

Article 344- The presence of the defendant in the hearing

1. The defendant participates in the hearing as a free person even when he is detained, except
when it is necessary to take measures to prevent the escape or violence.

2. The defendant who, due to his behaviour hinders the normal performance of the hearing even having been warned shall be expelled from the court room by order of the chairman.

3. The expelled defendant is deemed to be present and is represented by the defence lawyer. He can be readmitted to enter the courtroom in any time.

4. The absence of the defendant as a result of expulsion and has not accepted to have a defence counsel, does not prevent the hearing to be held. In this case a defence counsel is assigned ex officio and the trial continues. The defendant or the defence counsel assigned by him may be admitted in court at any time.

Keywords

Fair trial standards
Rights during trial - present at trial
Sanctions for misconduct before the court - national proceedings



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