Section 3 Trial

Chapter 7 Judicial Proceedings

Presence of the Prosecutor and Accused Person during a Judicial Session

Article 212:

The presence of the prosecutor and the accused person or his/her defense attorney in a criminal session of misdemeanor or felony is a fundamental condition for conducting a judicial session, unless stated otherwise in this law.

Section 3 Trial

Chapter 7 Judicial Proceedings

Presence of the Prosecutor and Accused Person during a Judicial Session

Article 212:

(6) If the accused person leaves the judicial session after making statements or purposely does not appear for the session despite having been notified of the date of the judicial session, or service of his/her summons is impossible, the court may proceed with the judicial session in his/her absence. In this case, the trial is carried out as if the defendant was present during the trial.

Section 3 Trial

Chapter 8 Judicial Session Order

Disturbing the Order of a Judicial Session by the Accused Person

Article 223

If the accused person during the judicial session disturbs the order of the court or disobeys the orders of the presiding judge, the presiding judge shall give him a warning. If repeated, the presiding judge shall remove him from the court room. Upon reappearance, the court is obligated to inform the accused person of the measures taken in his absence.

Section 3 Trial

Chapter 11 Case Proceedings in an Appeals Court

Presence of Parties

Article 256:

Provisions related to the presence of the parties in the primary court’s judicial sessions are also applied to their presence in the appeals court.

Chapter 4 The Trial

Article 34.
Accused’s Obligation to Appear

The accused is required to, when his appearance is deemed necessary, appear before military court.

Chapter 4 The Trial

Article 38.
Order of the Trial

(c) The military prosecutor is required and the accused, and his defense counsel have the right to be always present; however, should the accused’s behavior disrupt the proceedings, he can be excluded by the military judge for part or all of the duration of the trial. He will be readmitted to the trial when the verdict is read out.

Chapter 5 Appellate Procedures

Article 48.
Stay of the Procedure and Appeal of the Decision in the Case of the Not Found Accused

(a) After the decision of the court in the case of the not found accused (trial in abstentia) the procedure stays until when the accused personally or the defense counsel delegated by him lays down an appeal. In this case the beginning of the appeal term starts for the accused from the moment he has been found, and also a notification has been delivered to him.

(b) If the accused does not lay down an appeal during the said term in article 47 (a) the decision becomes final.