Germany

Criminal Procedure Code (Strafprozeßordnung, StPO)

PART TWO
PROCEEDINGS AT FIRST INSTANCE

CHAPTER VI
MAIN HEARING

Section 232
[Main Hearing Despite the Defendant’s Failure to Appear]

(1) The main hearing may be held in the defendant’s absence if he was properly summoned and the summons referred to the fact that the hearing may take place in his absence and if only a fine up to 180 daily units, a warning with sentence reserved, a driving ban, forfeiture, confiscation, destroying or making an item unusable, or a combination thereof, is to be expected. A higher penalty or a measure of reform and prevention may not be imposed in these proceedings. Withdrawal of permission to drive shall be admissible if the defendant has been made aware of this possibility in the summons.

(2) The main hearing shall not take place without the defendant if the summons was effected by publication.

(3) The record of a judicial examination of the defendant shall be read out at the main hearing.

(4) A judgment given in the defendant’s absence must be served on him personally, together with reasons for the judgment, if it is not served on his defence counsel pursuant to Section 145a subsection (1).

Keywords

Fair trial standards
Trials in absentia



EDIT.