Chapter 8 – Parties

Presence of parties

Section 3

A defendant who is in detention shall be present in person before the court when the case regarding which he/she is detained is being dealt with.

Chapter 8 – Parties

Hearing and decision in a criminal case regardless of the absence of the defendant

Section 11

(1) A case may be heard and decided regardless of the absence of the defendant, if his/her presence is not necessary for the resolution of the case and if he/she has been summoned to the hearing under such a threat. In this event, the defendant may be sentenced to a fine or to imprisonment for at most three months, and subjected to a forfeiture not to exceed EUR 10,000. (1472/2001)

(2) If the defendant is to be sentenced to a punishment or forfeiture under paragraph (1), but he/she has had a legal excuse that he/she could not have announced in advance, the defendant has the right to have the case reopened by notifying the court of the same within 30 days of verifiable service of a notice of the punishment or forfeiture on the defendant. If the defendant does not prove that he/she had a legal excuse, the case is to be dismissed.

(3) The absence of the defendant does not prevent the rejection of the charge or the other demands.

Article 63
Trial in the presence of the accused
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it