Montenegro

Criminal Procedure Code of the Republic of Montenegro

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.

Keywords

Fair trial standards
Trials in absentia



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