Section III Publicity And Policing Of The Hearing
LexInter | July 19, 2003 | 0 Comments

Section III: Publicity And Policing Of The Hearing

(Legislative Part)

Article 400

(Law n ° 2002-307 of March 4, 2002 art. 10 Official Journal of March 5, 2002)

   Hearings are public.
   Nevertheless, the court can, by noting in its judgment that the publicity is dangerous for the order or morals, order, by judgment delivered in public hearing, that the debates take place in camera.
   When the closed session has been ordered, this applies to the pronouncement of separate judgments which may intervene on incidents or exceptions as stated in article 459, paragraph 4.
   The judgment on the merits must always be delivered in open court.
   The provisions of this article are applicable in the juvenile court if the accused person, a minor at the time of the facts, has become of full age on the day of the opening of the proceedings and he requests it, unless there is another defendant who is still a minor or who, a minor at the time of the facts and who has become of full age on the day of the hearing, opposes this request.

Article 401

(Law nº 93-2 of January 4, 1993 art. 91 Official Journal of January 5, 1993 in force on October 1, 1994) (Law nº 93-1013 of August 24, 1993 art. 28 Official Journal of August 25, 1993 in force on September 2 1993)

   The president has the police of the hearing and the direction of the debates.

Article 402

   The president can deny access to the courtroom to minors or to some of them.

Article 404

(Law nº 92-1336 of December 16, 1992 art. 322 Official Journal of December 23, 1992 in force on March 1, 1994)

   When, at the hearing, one of the assistants disturbs the order in any way, the president orders his expulsion from the courtroom.
   If, during the execution of this measure, he resists this order or causes the uproar, he is immediately placed under a committal warrant, tried and punished by two years’ imprisonment, without prejudice to the penalties imposed in the Penal Code against perpetrators of contempt and violence against judges.
   On the order of the president, he was then forced by the police to leave the hearing.

Article 405

If the order is disturbed at the hearing by the defendant himself, the provisions of article 404 are applied to him.
The defendant, even free, when he is expelled from the courtroom, is kept. by public force, until the end of the debates, at the disposal of the court. He is then taken back to the hearing, where judgment is rendered in his presence.


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