download

(5) Other decisions in connection with the maintenance of order and conduct of the trialare not appealable.(6) The punishment referred to in paragraphs 1 and 2 of this Article does not excludecriminal prosecution of the person punished, if his action also represented a criminaloffence, in which case Article 301 of this Code shall be applied.(7) If the defendant has been removed from the courtroom, the president of the chambershall order him returned immediately after the conclusion of the action during which hewas removed. If the defendant continues to disturb the order in the courtroom, thechamber shall issue a ruling on his removal for a certain period of time, and where thedefendant has already been questioned at the trial, removal for the entire duration of theevidentiary proceedings. Before the conclusion of the evidentiary proceedings, thepresident of the chamber shall secure the presence of the defendant, notify thedefendant about the course of the trial, inform him about the testimonies of criminaloffence-defendants previously questioned, or make it possible for the defendant to readthe records of such testimony, if so desired by the defendant, and ask to defendant todeclare himself on the charges, if he has not done so earlier. Defendants who continueto disturb the order and violate the dignity of the court may again be removed from thehearing by the chamber, in which case the trial shall be concluded without theirpresence, and their judgements shall be communicated to them by the president of thechamber or a judge-member of the chamber, in the presence of the recorder.(8) Defence counsel or proxies who continue to disturb the order after being punishedmay be denied the right to defend or represent their clients at the trial, in which case theparty shall be invited to retain another defence counsel or proxy. Where a defendantwho has not yet been questioned is not able to do so, or in the case of mandatorydefence, the court cannot appoint a new defence counsel without harming the defence,and the trial shall be recessed or adjourned, and defence counsel shall be obliged tobear the costs of such recess or adjournment. Where a private prosecutor or asubsidiary prosecutor do not obtain a new proxy, the chamber may decide that he thetrial shall be continued without proxies, if it finds that their presence would not damagethe interests of the parties they represented, and if a hearing is recessed or adjournedwhere it cannot be continued without proxies being present, the proxies shall be obligedto bear the costs of such recess or adjournment. Rulings thereon, with substantiation,shall be attached to the trial record. These rulings are not appealable.(9) Where the court removes from the courtroom a subsidiary prosecutor or privateprosecutor or their legal representatives, the trial shall continue in their absence.(10) Where a public prosecutor or person deputising for the public prosecutor disturbsthe order, violates the dignity of the court or disobeys order issued by the president ofthe chamber on the maintenance of law and order, the president of the chamber shallcaution him, enter the caution in the trial record and notify thereof the competent publicprosecutor and immediately higher public prosecutor. The president of the chamber mayalso adjourn the trial and ask the competent public prosecutor to designate anotherperson to represent the prosecution.(11) When the president of the chamber or the chamber punishes a lawyer or traineelawyer disturbing the order, violating the dignity of the court or disobeying orders issued