CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 341: Directing the hearing

1The hearing is directed by the panel presiding judge. His/her orders to maintain silence and order during the hearing are binding for the parties and all participants to trial.

2The presiding judge is obliged to take measures to guarantee respect for court dignity and solemnity of adjudication and security in the courtroom and to avoid any insult, threat or attack against other parties and other participants in the trial.

3When the defendant, the defense lawyer, the victim, the witness, expert or interpreter do not observe the court orders to maintain order and silence, offend the dignity of the court or act in a way that threatens the solemnity of adjudication, the presiding judge shall warn them of the consequences. Where the person continues to break the order and silence and fails to obey, the court may impose him a fine up to 30,000 ALL. The repetition of such breach shall constitute grounds for the removal from the courtroom.

4A written appeal may be submitted against the above order within 3 days. The appeal is reviewed in closed session by the same court. When the court considers it reasonable, the court may decide to revoke the fine. No appeal is allowed against the decision for the revocation of the fine.

5The order to impose a fine constitutes an executive title.

6The court shall notify the bar association, or the relevant institution or entity on the improper behaviour of experts and interpreters.

7When the prosecutor with his/her actions infringes the rules of the court hearing, the court shall warn him/her and, in case of repetition, notify the chairperson of the prosecution office.

8In case of other participants at a court hearing, who do not obey to court orders for maintaining order and silence or offend the dignity of the court, the presiding judge shall warn them and, if they do not observe the court order, the presiding judge shall order them to leave the hearing and, when he/she deems it necessary, shall impose them a fine up to 30.000 ALL.

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