Section 196 Service of the Indictment
(1) If the court does not make any of the decisions referred to in Section 188 (1) and (2), the presiding judge shall order process service of a copy of the indictment to the defendant and his defence counsel and, if the defendant legally incapacitated or if his legal capacity is restricted, also to his legal representative; the court shall have a copy of the indictment served to the victim, provided that his residence or office is known. If the indictment included a petition to forfeit items belonging to a person other than the defendant, the presiding judge shall have a copy of the indictment served to this person as well.
(2) Persons to whom is served a copy of the indictment must also be asked to timely present the court with petitions for further evidence at the trial, and to state the circumstances that are to be clarified by such evidence.
(3) A copy of the indictment must be served no later than along with the summons to the trial or with the notification thereof.
Section 197 Substitute Judge
(1) If the trial is expected to last a longer time, the presiding judge shall arrange that one or two substitute judges or associate judges take part as well.
(2) During the trial, the substitute judge or associate judge is in the position of a member of the court. However, they shall take part in deliberations and voting only if they are invited in to the position of an associate judge or a judge, who was prevented from further participation in the trial by some kind of an obstacle. The judge or associate judge, in whose stead the substitute judge or associate judge, will not attend the trial any further.
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(1) The presiding judge shall set the day of the trial so that there is at least five working days for preparation from the service of the summons to the defendant, and from the service of the notice to the public prosecutor and the defence counsel. This time limit may be shortened only with their consent, and in the case of the defendant only if he appears at the trial specifically requests its performance. In the case of other persons summoned to the trial or notified about it, it is usually necessary to maintain at least a three-day period.
(2) The public prosecutor, the statutory representative and the defence counsel of the defendant, as well as the aggrieved person and the party concerned shall be notified of the trial. If the aggrieved person or the party concerned have an agent, only their agents shall be notified of the trial. The aggrieved person must be cautioned in the notification that should he fail to appear at the trial, his claim to compensation of damage or non-material harm, or to surrender of any unjust enrichment will be decided on the basis of his own petitions, if they are already included in the file or if the court receives them before proceeding to the evidentiary hearing evidence.
(3) When ordering the trial, the presiding judge shall also make all the measures necessary to secure proper proceeding and to enable hearing and deciding in the matter without an adjournment. Section 198a Repealed SUBDIVISION TWO Publicity of the Trial Section 199
(1) The court holds the trial in principle publically.
(2) Therein, it shall heed that citizens are provided with the widest opportunity to observe hearing of the case by the court, and that the educational effect of the criminal proceeding to the public is as effective as possible in terms of active involvement of the public in efforts to prevent and avoid criminal activity. Therefore, in appropriate cases, the trial is directly at the place where the criminal offence was committed, or in the workplace or residence of the defendant. In this case, it shall notify citizen interest groups that can secure participation of citizens and effectively contribute to achieving the purpose pursued by holding a trial.
Section 200
(1) The public may be excluded from the trial, if public session of the case would endanger confidential information protected by a special Act, morality, or undisturbed course of the proceedings, or the safety or other important interests of the witnesses; the presiding judge may also take other appropriate measures for such purposes. The public may also be excluded
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only for a part of the trial. If a person referred to in Section 102a (1) stands before the court without concealment of his identity or appearance, then the public shall always be excluded.
(2) The judgment must always be pronounced declared publicly.
(3) The court shall decide to exclude the public after hearing all parties by a resolution which it shall pronounce publicly.
Section 201
(1) Even if the public was not excluded pursuant to Section 200, the court may deny access to the trial to minors and to those, who raise a concern that they may disturb the dignified course of the trial. It may also take necessary measures against overcrowding of the courtroom.
(2) Even if the public was excluded under Section 200, the court may allow individual persons to access the trial for important reasons. Upon a request of the defendant, access must be allowed to his two confidents. If there are multiple defendants, each has the right to select the confidents. If the total number of confidents thus increased to more than six and the defendants were not able to agree on the selection, the court shall make the selection. If the public was excluded due to a risk posed to classified information protected by a special Act, or the safety or other important interests of witnesses, only persons against whom the court has no objections may be selected as confidents.
(3) If the public was excluded due to a risk posed to classified information protected by a special Act, the presiding judge shall notify the persons present about the consequences, should they disclose the information learn during the proceedings to unauthorised persons; it may also prohibit the persons present from taking written notes.
SUBDIVISION THREE