An accused Person is, in principle, obliged to appear before the court, if it goes in the negotiation of a felony or a Misdemeanor. The presence can also be in the interest of the accused, because he can then explain his view of things.
An accused person may dispense, but also, and his thing only his counsel represented. A court granted the absence of the accused if important reasons have been put forward, or if the presence of the accused is not required. This can for example be the case if before the court, ultimately, only abstract questions of law are to be clarified.
files to process as a way out
a correct to trial pre-charged accused unexcused Remains remote, is moved to the process , and the accused is again pre-charged. The court may allow the Person but also the police to pick up and perform. The Accused does not appear after the second summons is carried out the hearing in his absence and a judgment due to the acts like.
In the case of Brian, the situation was different. Be the defender of a petition presented for Dispensation, which did not want to grant the court because it wanted to see the young man. But even the attempt of the court to move on the day of the hearing Brian in his cell to participate, remained without success.
judgment, in the absence of
The code of criminal procedure has also for such a case a solution Has been added, namely, an accused Person himself in the condition of inability to negotiate or refuses to be out of the prison in the main trial presented, the court immediately in the absence of the procedure.
To do this, it needs two prerequisites: one of the Accused in the course of the proceedings, must have had, so in the context of the criminal investigation, an adequate opportunity to comment on the offences. And on the other, must present the evidence to the court so that a judgment without the presence of the accused Person is possible.
Created: 30.10.2019, 11:47 PM