Part Two
COURSE OF THE PROCEEDINGS

V THE MAIN HEARING AND JUDGMENT

Chapter XXII
THE MAIN HEARING

2. DIRECTION OF THE MAIN HEARING

Maintenance of order and imposition of punishment due to disruption of order and procedural discipline

Article 321
(1) If the defendant, defense attorney, the injured party, proxy, legal representative, witness, expert witness, interpreter or other person attending the main hearing disrupts order, insults the Court, parties and other participants to the proceedings or fails to comply with the directions of the Chair of the Panel concerning the maintenance of order, the Chair of the Panel shall warn him/her. If such a warning fails to be successful, the Panel may order the defendant to be removed from the Courtroom, while other persons may not only be removed but also punished by a fine in the amount not exceeding € 1.000.

(2) By a decision of the Panel, the defendant may be removed from the Courtroom for a certain period of time, and if s/he has already been examined at the main hearing, than for the whole presentation of evidence. Before the presentation of evidence is completed, the Chair of the Panel shall call in the defendant and inform him/her about the course of the main hearing. If the accused continues to disrupt order and offend the dignity of the Court, the Panel may remove him/her again from the Courtroom. In such a case, the main hearing shall be concluded in the absence of the defendant, and the judgment shall be communicated to him/her by the Chair of the Panel or by a judge, who is the member of the Panel, in the presence of the Court clerk.

(3) The Panel may deny further defense or representation at the main hearing to a defense attorney or proxy who after being punished continues to disrupt order, and in such a case the party shall be called on to retain another defense attorney or proxy. If it is impossible for the defendant who has not been examined at the main hearing to do so, or if in the case of mandatory defense it is impossible for the Court to assign a new defense attorney without prejudicing the defense, the main hearing shall be recessed or a continuance of the main hearing shall be ordered, and the defense attorney shall be ordered to pay expenses incurred due to the interruption or postponement of the main hearing. If the private Prosecutor or subsidiary Prosecutor do not retain another proxy, the Panel may decide to continue the main hearing in the absence of a proxy, if it establishes that this would not prejudice the interests of the person whom s/he represents. A ruling thereon shall be entered into the records along with the statement of reasons. An interlocutory appeal may not be filed against this ruling.

(4) If the Court removes the subsidiary Prosecutor or the private Prosecutor or their legal representative from the Courtroom, the main hearing shall continue in their absence, but the Court shall instruct them that they may retain a proxy.

(5) If the State Prosecutor or a person acting on his/her behalf disrupts order, the Chair of the Panel shall notify the competent State Prosecutor thereof, and s/he may recess the main hearing and request the competent State Prosecutor to appoint other person to represent the prosecution.

(6) After punishing an attorney who disrupts order, the Court shall notify about that the Bar Chamber of which s/he is a member.

Part One
GENERAL PROVISIONS

Chapter VI
DEFENSE ATTORNEY

Cases When the Accused Person Shall Have a Defense Attorney

Article 69
(4) The accused persons which are tried in absence within the meaning of Article 324 paragraph 2 of the present Code shall have a defense attorney as soon as the court renders a decision on the trial in absence.

Part Two
COURSE OF THE PROCEEDINGS

V THE MAIN HEARING AND JUDGMENT

Chapter XXII
THE MAIN HEARING

3. PREREQUISITES FOR HOLDING A MAIN HEARING

Failure of the defendant to appear at the Main Hearing and trying in absence

Article 324
(1) If a duly summoned defendant fails to appear at the main hearing without justifying his/her absence, the Panel shall issue a warrant to bring him/her to the Court by force. If bringing him/her cannot be effected immediately, the Court shall decide not to hold the main hearing and that the accused be brought to the Court by force for the next session. If the defendant justifies his/her absence before being brought to the Court, the Chair of the Panel shall revoke the warrant for apprehension.

(2) The defendant may be tried in absence only if s/he is a fugitive or otherwise unavailable to public authorities and if especially important reasons exist for trying him/her, although s/he is absent.

(3) Upon a motion of the State Prosecutor, the Panel shall render a ruling on the trial in absence of the defendant. The appeal shall not stay the execution of the ruling.