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Chapter VII The Commencement and Conclusion of a Trial and Courtroom Order
Article 84
(Courtroom Location, Seating Setup and Courtroom Order)
Trial proceedings shall be held within the premise of a judicial court. However, this provision does not apply, if stipulated otherwise by law.
When a trial is held in a courtroom, seating should be arranged for the civil servants who implement the trial proceedings, the persons who perform duties pursuant to the law, litigants, and parties related to the litigation. The seating arrangements should follow the principle of equality of litigant parties.
Except for the judge(s) involved in a trial, or with the permission of the presiding judge, a person must stand up to make statements in court, and sit down after making the statements.
When the presiding judge enters the courtroom and when the judgment is pronounced, everyone in the courtroom should stand up.
The arrangement of courtroom seating and attendance regulations for the general public shall be determined by the Judicial Yuan.
Article 85
(The Temporary Court)
As required, high courts, their lower courts or branches may designate a location within their jurisdiction to hold a temporary hearing.
In the case of the preceding paragraph, in addition to designating a judge from the main court, the presiding judge may also be filled by a branch court judge or a lower court judge.
The regulations that govern the temporary court hearing shall be determined by the Judicial Yuan.
Article 86
(Open Court)
The argument of a suit and the pronouncement of a judgment shall be conducted in a public court session. However, when there are issues that may hinder national security, public order, or social values, a court may decide to deny public access.
Article 87
(Declaration of Reasons for a Closed Court)
When a closed court is required, the presiding judge shall declare the reasons for such a closure.
In such a case, as mentioned in the preceding paragraph, the presiding judge may still allow the attendance of individuals who do not impede the case.
Article 88
(The Presiding Judge's Command Authority in a Courtroom)
The presiding judge has command authority over the commencement, conclusion and proceedings of a trial.
Article 89
(The Presiding Judge's Authority to Maintain Order)
During a court session, the presiding judge has the authority to maintain order.
Article 90
(Prohibited Behavior during Court Sessions and Regulations Concerning Audio and Video Recordings)
When the court is in session, silence should be maintained. Behaviors such as loud conversations, clapping, filming, smoking, eating or other similar actions are prohibited.
When the court is in session, unless stipulated otherwise by law, the audio session should be recorded. If necessary, the video session may be recorded.
Without the permission of the presiding judge, persons attending the court session may not make audio or video recordings. Concerning unauthorized audio or video recordings, the presiding judge may order the deletion of such recordings.
The sanction, as described in the preceding paragraph, shall not be challenged.
Article 90-1
(Motions for the Court to Deliver the Contents of Audio and Video Courtroom Recordings; the Court may Reject or Restrict the Delivery)
The parties and persons, who are permitted by law to read case documents by motions, may, for the purpose of defending or maintaining their legal interests, pay the required fees, and motion for the court to deliver the contents of audio and video courtroom recordings from the day following a particular courtroom session until 6 months after the judgment is finalized. However, for cases that have a sentence judgment of death penalty, life imprisonment, or more than ten years of imprisonment, the motion for recordings may be filed up to two years after the final judgment is delivered.
In the case of the preceding paragraph, if the reading, copying or filming of case documents should be denied or restricted, pursuant to the law, the court may deny the delivery of, or restrict particular contents of such audio and video courtroom recordings.
In the case of the first paragraph, if the case involves national secrets, the court may deny or restrict the access to contents of such audio and video recordings; and if the case involves matters that should be kept confidential pursuant to other laws and regulations, the court may restrict the access to contents of such audio and video recordings.
The rulings of the preceding three paragraphs, concerning the denial or restriction of accessed contents, are appealable.
Article 90-2
(The Preservation Duration of Audio and Video Courtroom Recordings)
Audio and video courtroom recordings should be kept for two years after the judgment is finalized, after which such recordings can be deleted. However, in cases where a death penalty or life imprisonment judgment is finalized, the preservation duration of such recordings shall be governed by provisions of the Archives Act.
Article 90-3
(Methods Pertaining to Audio and Video Courtroom Recording and the Preservation and Usage of Such Recordings Shall be Determined by the Judicial Yuan)
Methods pertaining to audio and video courtroom recording, and the preservation and usage of such recordings, as described in the preceding three paragraphs, shall be determined by the Judicial Yuan.
Article 90-4
(Persons who are in Possession of Audio and Video Courtroom Recordings are Prohibited from Distributing, Public Broadcasting, or Using Improperly; Penalties for Such Violations)
Persons who are in possession of audio and video courtroom recordings shall not distribute, publicly broadcast, or use such contents for improper purposes.
To persons who violate the provisions as described in the preceding paragraph, the jurisdictional district court of the location of the person's domicile, residence, business, or office shall issue an administrative fine between NT$30,000 and NT$300,000. However, if it is otherwise specifically stipulated by law, such other provisions shall apply.
The procedures for implementing penalties and remedies, as stated in the preceding paragraph, shall be governed by the provisions of relevant laws and regulations.
Article 91
(The Sanction and its Effect for Obstructing the Court)
If a person obstructs courtroom order or exhibits other inappropriate behavior, the presiding judge may prohibit the person from entering, or order such a person to leave, the courtroom; if necessary, the person may be detained until the session is adjourned.
The sanction, as described in the preceding paragraph, shall not be challenged.
The provisions of the preceding two paragraphs apply mutatis mutandis when the presiding judge performs his duties outside the courtroom.
Article 92
(The Sanction of Agents or Defense Attorneys for Obstructing the Court)
If a lawyer behaves inappropriately in language or action during his/her representation of a lawsuit or in defending a case, the presiding judge may issue warnings, or prohibit his/her representation or defense of that day of the court session. The same provisions apply to cases not represented by a lawyer, but an agent ad litem or a defender.
Article 93
(The Origin of the Events Leading to Sanctions Issued by the Presiding Judge should be Recorded in the Transcript)
When a presiding judge issues sanctions pursuant to the provisions of Article 90 Paragraph 3, Article 91 and Article 92, the judge should order that the origin ofthe events be recorded in the transcript.
Article 94
(Applicable Law for Commissioned Judges and Assigned Judges)
The provisions of Article 84 through Article 93, that are pertinent to presiding judges, shall apply mutatis mutandis to commissioned judges and assigned judges when performing presiding judge duties.
Article 95
(Penalties for Violating Judge's Orders to Maintain Courtroom Order)
Anyone, who violates orders, issued by the presiding judge, commissioned judge, or assigned judge, to maintain courtroom order, which lead to obstructing courtroom proceedings, and refuses to comply after being warned, shall receive a maximum penalty of 3 months' imprisonment, detention or a maximum fine of NT$30,000.
Article 96
(Court Uniform)
When performing duties in court, judges and clerks should wear uniforms. The same applies to prosecutors, public defenders and lawyers when performing their duties in court.
The uniforms of the personnel mentioned in the preceding paragraph shall be determined by the Judicial Yuan and the Executive Yuan.