Chapter 21 The Main Trial

Section 2 Main Trial Management

Article 242

Penalties for Disruption of Order

The judge or the presiding judge may exclude a person from the courtroom in order to protect the right of the accused to a fair and public trial or to maintain the dignity of trial and disturbance-free proceedings.

The judge or the presiding judge may order that the accused be removed from the courtroom for a certain period if the accused persists in disruptive conduct after being warned that such conduct may result in his removal from the courtroom. The judge or the presiding judge may continue the proceedings during this period if the accused is represented by the defense attorney.

Should the Prosecutor, defense attorney, injured party, legal representative, power of attorney of the injured party, witness, expert, interpreter or other person present at the main trial disrupt the order or disobey the orders of the judge or the presiding judge to maintain the order, the judge or the presiding judge shall warn the person in question. If the warning is ineffective, the judge or the presiding judge may order that the person in question be removed from the courtroom and be fined an amount up to 10.000 KM.

Should the Prosecutor or defense attorney be removed from the courtroom, the judge or the presiding judge shall refer the matter to the High Judicial and Prosecutorial Council of Bosnia and Herzegovina or the Bar Association with which the defense attorney is affiliated, for further action.

Should a defense attorney or a power of attorney of the injured continue to disrupt the order even after being fined, the judge or the presiding judge may prevent him from further representation at the main trial and fine him in the amount up to 30.000 KM. The decision on this issue with explanation shall be entered in the main trial record. An interlocutory appeal is allowed against this decision. The main trial shall be recessed or postponed to allow the accused to engage another defense attorney and prepare a defense.