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10.4. TRIAL - Coggle Diagram
10.4. TRIAL
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PUBLIC TRIAL RULES
Exclusion of the public
GR: The sitting of every court of justice shall be public
XPN: Any court may, in its discretion, exclude the public when the evidence adduced is:
(1) Offensive to decency
(2) Offensive to public morals
When can the court order the exclusion of the public from the courtroom?
(1) Motu proprio
(2) On motion of the accused
Exceptions to coverage of exclusion
- Court personnel
- Counsel of the parties
In case of a child witness
- All persons who do not have a direct interest in the case may be excluded (including members of the press)
Grounds for exclusion of the public
(1) To protect the right to privacy of the child
(2) If such public trial will cause psychological harm to him
(3) The public trial will result in his inability to effectively communicate due to embarrassment, fear or timidity
Factors to be considered by court when excluding the public in cases where a child is a witness
(1) Developmental level of the child
(2) Nature of the crime
(3) Nature of his testimony regarding the crime
(4) The relationship to the accused and to persons attending the trial
(5) Interests of the parents or legal guardian
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