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(2) The trial may commence even in the absence of duly summoned witness or expertwitness, in which case the chamber shall decide during the trial hearing whether torecess or adjourn the trial owing to the absence of the witness of expert witness.(3) Witnesses or expert witnesses duly summoned but unjustifiably absent from the trialmay be fined up to 100.000 RSD by the chamber, which may also order them brought inby force to a new hearing. In justifiable cases the chamber may repeal the order on thepenalty.4. Trial adjournments and recessesArticle 308(1) Except for cases especially provided for in this Code, trials shall be adjourned by aruling of the chamber where it is necessary to obtain new evidence whose acquisitionrequires a longer period time or where during the trial it is determined that following thecommission of the criminal offence the defendant has come down with mental illness ormental disorder or where there are other obstacles to the successful conduct of the trial.(2) As a rule, the ruling adjourning the trial shall set a date and hour when the trial shallresume. In the same ruling the chamber may order collection of evidence that may belost with the passage of time.(3) The rulings referred to in paragraph 2 of this Article are not appealable.Article 309(1) Adjourned trials may re-commence anew where the composition of the chamber wasaltered, with the proviso that the chamber may rule, after hearing the parties, thatwitnesses and expert witnesses are not examined again, but that their testimony given atearlier trial hearings be read out.(2) Trials which were adjourned and are being held before the same chamber shall becontinued, and the president of the chamber shall briefly recount the course of the earliertrial hearings, with the proviso that even in this case the chamber may rule to order anew trial.(3) Trials which were adjourned and are being held before a new president of thechamber must commence anew and all the evidence shall be adduced again.(4) By exception from paragraph 3 of this Article, the president of the chamber may, afterhearing the parties, ask the chamber referred to in Article 24 paragraph 6 of this Code torule that certain evidence does not need to be adduced again.(5) Where the chamber referred to in Article 24 paragraph 6 of this Code finds that dueto the passage of time, the protection of witnesses or other important reasons it wouldbe justified that certain witnesses and expert witnesses are not examined again, it shallissue a ruling ordering that records of their testimony given at the earlier trial be readout. These rulings are not appealable.

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