Part II
THE COURSE OF PROCEEDINGS
D. JUDICIAL REVIEW
Chapter XXVII
EXTRAORDINARY LEGAL REMEDIES
1. Reopening of criminal proceedings
Reopening of proceedings in which a person was convicted in absentia
Article 432
(1) Criminal proceeding in which a person was convicted in absentia (Article 328) shall be reopened even regardless of the conditions referred to in Article 426 hereof, provided the convicted person and his defense counsel file a motion for reopening of proceedings within six months from the day it becomes possible to conduct a trial in the presence of the convicted person.
(2) Criminal proceeding in which a person was convicted in absentia shall be reopened even regardless of the conditions referred to in Article 426 hereof, if a foreign state allowed his extradition under the condition that the proceeding be reopened.
(3) In the ruling allowing the reopening of criminal proceeding, pursuant to paragraphs 1 and 2 of the present Article, the court shall order that the indictment be served on the convicted person if it was not served before, or may order that the
case be returned to the phase of investigation, or that an investigation be instigated if there was no investigation before.
(4) After the expiry of the time period referred to in paragraph 1 of the present Article, the reopening of proceeding shall only be permitted subject to the conditions set forth in Articles 426 and 427 hereof.
(5) In rendering the judgment in the proceeding conducted pursuant to paragraphs 1 and 2 of the present Article, the court shall be bound by the prohibition referred to in Article 406 of the present Code.
EDIT.