Part Two
COURSE OF THE PROCEEDINGS
Chapter XVIII
TRIAL AND JUDGMENT
1. Trial
b) Holding the Trial
v. Preconditions for Holding a Trial
Holding the Trial without the Presence of the Defendant or Defence Counsel
Article 383
When under the provisions of this Code the necessary conditions exist for deferring the trial due to the absence of a defendant or defence counsel (Article 380 paragraph 1 and Article 382 paragraph 2), the panel may decide that the trial be held if according to the evidence contained in the files a ruling dismissing the charges (Article 416 paragraph 1) or a judgment rejecting the charges (Article 422) would obviously have to be issued.
If the defendant caused his own inability to participate in the trial, the panel may, after examining an expert witness, issue a ruling deciding that the trial be held, but not concluded, in the absence of the defendant. In the case of the holding of the trial without the presence of the defendant, the president of the court will appoint a court appointed defence counsel for him (Article 74 item 5) and Article 76).
An appeal does not stay execution of the ruling referred to in paragraph 2 of this Article.
As soon as the reasons for the absence of the defendant cease to exist, the trial will resume in the presence of the defendant, after the president of the panel has informed him about the preceding course and contents of the trial.
Fair trial standards
Trials in absentia
EDIT.