The committal proceedings of the “March 11” trial (No. 20/2004), instructed by the Central Examining Court No. 6, correspond to the Criminal Court of the Spanish National Court (Audiencia Nacional) with the judges:
- D. JAVIER GÓMEZ BERMUDEZ (Presiding and drafting judge).
- D. FÉLIX-ALFONSO GUEVARA MARCOS.
- D. FERNANDO GARCÍA NICOLÁS.
THE POWERS OF THE PRESIDING JUDGE
According to Article 683 ff. of the Criminal Proceedings Act:
The Presiding Judge shall direct the discussions, taking care to prevent any irrelevant questions that do not lead to a clarification of the truth, without restricting the freedom needed by the defense counsel to state its case.
The Presiding Judge shall be granted all necessary powers to uphold or re-establish order in the sessions and maintain due respect to the court and other public authorities, being able to impose an immediate fine of between 5,000 and 25,000 pesetas for infringement not constituting a criminal offence, or that are not specified in the Act.
The Presiding Judge will call to order anyone who interrupts and can make them leave the court room if he considers it necessary, without prejudice to any fine which may be imposed according to the provisions above.
He may also cause anyone who commits an offence during the session be detained, and bring them before a competent court.
All those attending the hearing, regardless of their position, including the military, are subject to the disciplinary jurisdiction of the Presiding Judge. If they disrupt order in the court room with an act constituting a criminal offence, they will be expelled and handed over to competent authorities.
All those being interrogated or speaking to the court must do so standing.
The only exceptions are the prosecution counsel, the defence counsel and anyone the Presiding Judge may excuse from this obligation for good reasons.
Signs of approval or disapproval are prohibited.
If the defendant disrupts the order in the court by behaving in an unbefitting fashion and continues with such behaviour despite being warned by the Presiding Judge, and having received an explicit warning that he or she will be asked to leave the court room, the court may decide to expel him or her for a period of time or for the entire duration of the sessions, which may thus continue without this defendant. |