Afghanistan

Interim Criminal Procedure Code for Courts

Chapter 8
The Trial

Article 46
Trial in Absence of the Not Found Accused

When it has not been possible to serve the notifications on the accused in any of the forms provided for in article 17, because none of the places there indicated are known, the Court shall issue a decree stating that the accused cannot he found, appointing a defense counsel for him.

Later on the notifications shall be served on the defense counsel.

Notifications made in this way are valid to all intents and purposes. The accused that cannot be found is represented by the defense counsel.

The decree indicated in the first paragraph ceases to take effect at the end of the degree in which has been issued and shall be re-issued in each of the following degrees.

Every decree must be preceded by a new search in the places indicated in article 17.

Article 47
Trial in Absence of the Summoned Accused

When the notification indicated in article 42 has been delivered to the accused and he does not appear, the judge appoints a defense counsel for him.

Notifications continue to be served on the accused following the provisions of article 17.

Keywords

Fair trial standards
Trials in absentia



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