Part One
GENERAL PROVISIONS

Chapter VI
DEFENSE ATTORNEY

Cases When the Accused Person Shall Have a Defense Attorney

Article 69
(4) The accused persons which are tried in absence within the meaning of Article 324 paragraph 2 of the present Code shall have a defense attorney as soon as the court renders a decision on the trial in absence.

Part Two
COURSE OF THE PROCEEDINGS

V THE MAIN HEARING AND JUDGMENT

Chapter XXII
THE MAIN HEARING

3. PREREQUISITES FOR HOLDING A MAIN HEARING

Failure of the defendant to appear at the Main Hearing and trying in absence

Article 324
(1) If a duly summoned defendant fails to appear at the main hearing without justifying his/her absence, the Panel shall issue a warrant to bring him/her to the Court by force. If bringing him/her cannot be effected immediately, the Court shall decide not to hold the main hearing and that the accused be brought to the Court by force for the next session. If the defendant justifies his/her absence before being brought to the Court, the Chair of the Panel shall revoke the warrant for apprehension.

(2) The defendant may be tried in absence only if s/he is a fugitive or otherwise unavailable to public authorities and if especially important reasons exist for trying him/her, although s/he is absent.

(3) Upon a motion of the State Prosecutor, the Panel shall render a ruling on the trial in absence of the defendant. The appeal shall not stay the execution of the ruling.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.

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:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused’s choosing in confidence;
(c) To be tried without undue delay;
(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;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor’s possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.