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What are the specific contents of court discipline?
The specific content of the court discipline announced by the clerk is: All personnel should obey the command of the presiding judge or sole judge during court hearings, respect judicial etiquette, abide by court discipline, and are not allowed to applaud, make noise, smoke, Eating etc.
With reference to Article 14 of the "Court Rules of the People's Court of the People's Republic of China", before the start of the court hearing, the clerk shall announce the court discipline stipulated in Article 17 of these rules.
With reference to Article 17 of the "Court Rules of the People's Court of the People's Republic of China", all personnel should obey the instructions of the presiding judge or sole judge, respect judicial etiquette, and abide by court procedures during court hearings. To maintain discipline, the following behaviors are not allowed:
(1) Applauding and making noise;
(2) Smoking and eating;
(3) Making or answering phone calls;
(4) Recording, videotaping, photographing or using mobile communication tools to disseminate court hearing activities;
(5) Other behaviors that endanger court security or disrupt court order. Prosecutors and litigation participants must obtain permission from the presiding judge or sole judge to speak or ask questions. Observers are not allowed to enter the trial activity area, are not allowed to stand or move around at will, and are not allowed to speak or ask questions. Media reporters who are permitted to carry out the acts specified in Item 4 of Paragraph 1 shall do so within the designated time and area and shall not affect or interfere with court hearing activities.
Extended information
With reference to Article 20 of the "Court Rules of the People's Court of the People's Republic of China", the perpetrator commits one of the following acts to endanger the safety of the court or disrupt the order of the court If a crime is constituted, criminal liability shall be investigated in accordance with the law:
(1) Illegal carrying of firearms, ammunition, controlled knives or explosive, flammable, radioactive or poisonous Sexual, corrosive items and infectious disease pathogens enter the court;
(2) Causing and storming the court;
(3) Insulting, slandering, threatening, and assaulting judicial staff or participants in litigation
(4) Destroy court facilities, snatch or destroy litigation documents and evidence;
(5) Other behaviors that endanger court safety or disrupt court order.
With reference to Article 21 of the "Court Rules of the People's Court of the People's Republic of China", the judicial police maintain court order in accordance with the instructions of the presiding judge or sole judge. When an emergency situation occurs that endangers the personal safety of persons in the court or seriously disrupts court order, the judicial police may directly take necessary measures. The people's court seizes items and forcibly takes away items from people who violate court discipline in accordance with the law.
With reference to Article 199 of the "Criminal Procedure Law of the People's Republic of China", during the court trial , if a litigation participant or observer violates court order, the presiding judge shall give a warning and stop him. Those who refuse to obey the restraints may be forcibly taken out of the court; if the circumstances are serious, they shall be fined not more than 1,000 yuan or detained for not more than 15 days. Fines and detention must be approved by the dean. If the person being punished is dissatisfied with the decision of fine or detention, he may apply for reconsideration to the people's court at the next higher level. Execution will not be suspended during the review period.
Anyone who gathers a crowd to make noise, storm the court, or insults, slanders, threatens, or beats judicial staff or litigation participants, seriously disrupting the order of the court and constituting a crime, shall be investigated for criminal responsibility in accordance with the law.
Yiyuan County People's Court - Court Rules of the People's Court of the People's Republic of China
Ministry of Justice - Criminal Procedure Law of the People's Republic of China
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