not to accept the waiver. The accused does not forfeit the right to subsequently ask for appointment of a lawyer to represent him in the criminal proceedings.
24. Pursuant to Article 258 of the Code, the penalties the judge may impose on any person, including the defendant, who acts in a manner that disturbs order in the courtroom are (1) a warning, (2) removal from the courtroom, or (3) a fine. Article 258 § 3 establishes that the trial, including the parties' closing arguments, may be conducted in the defendant's absence. In such a case, the defendant must be brought back to the courtroom to make the final submissions. The judgment must always be pronounced in the defendant's presence.
25. Article 373 of the Code provides that the appeal court's role is to review a conviction with a view to verifying its lawfulness, validity and fairness. Under Article 377 of the Code, the appeal court may examine evidence, including additional material submitted by the parties, directly.
26. Article 413 of the Code set out that the criminal proceedings may be re-opened on the basis of a finding of a violation of the Convention made by the European Court of Human Rights.
B. Case-law of the Constitutional Court
of the Russian Federation
27. In a case in which it examined the compatibility of Article 51 of the Code of Criminal Procedure with the Constitution, the Constitutional Court ruled as follows (decision No. 497-O of 18 December 2003):
"Article 51 § 1 of the Code of Criminal Procedure, which describes the circumstances in which the participation of defence counsel is mandatory, does not contain any indication that its requirements are not applicable in appeal proceedings or that the convicted person's right to legal assistance in such proceedings may be restricted."
28. That view was subsequently confirmed and expanded upon in seven decisions delivered by the Constitutional Court on 8 February 2007. It found that free legal assistance for the purpose of appellate proceedings should be provided on the same conditions as during the earlier stages in the proceedings and was mandatory in the situations listed in Article 51. It further underlined the obligation of the courts to secure the participation of defence counsel in appeal proceedings.
29. With respect to the compatibility of Article 258 of the Code of Criminal Procedure with the Constitution, the Constitutional Court has ruled as follows (decision No. 3710 of 20 October 2005):
"The aim of Article 258 § 3 of the Code of Criminal Procedure is to secure the proper administration of criminal justice and to prevent the disturbance of order in the courtroom by a defendant. Even though this rule allows for the removal of the defendant from the courtroom as a way of dealing with his unruly conduct, it does not deprive him of the right to participate in a hearing and conduct his defence in accordance with the applicable rules. Its purpose is to prevent the abuse of the rights granted to the defendant.
...
The defendant's right to be present at his trial should not be understood as being guaranteed even when he disturbs order in the courtroom or obstructs the proper administration of justice or the enjoyment by other parties of their procedural rights guaranteed by the Constitution of the Russian Federation. When deciding to remove the defendant from the courtroom... the [judge] must indicate the factual circumstances of the defendant's unruly conduct and sufficiently justify the finding that the defendant's removal from the courtroom was necessary."
THE LAW
I. Alleged violation of Article 6 § 1 of the Convention
30. The applicant complained under Article 6 of the Convention that the proceedings against him were unfair because he was neither present nor
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