Part II
THE COURSE OF PROCEEDINGS
C. TRIAL AND JUDGMENT
Chapter XXIV
THE TRIAL
3. Prerequisites for holding a trial
Trial in absence of the defendant
Article 328
(1) The defendant may be exceptionally tried in his absence only if he is at large or is otherwise not accessible to government authorities, provided that particularly important reasons exist to try him in absentia.
(2) Upon the motion by prosecutor, the Trial Chamber shall render a ruling on holding the trial in absentia.
(3) The ruling specified in paragraph 2 of the present Article may be subject to appeal which shall be deliberated by the Court Chamber specified in Article 24, paragraph 6 hereof, and if this chamber has rendered the ruling on holding the trial in absentia, then by the chamber of directly higher court. The appeal shall not stay enforcement of the ruling.
EDIT.