Trials in absentia

Poland

Poland - Criminal Procedure Code 1997 (2003) EN

Article 374. § 1. The presence of the accused at the first-instance hearing shall be mandatory, unless otherwise provided by law.

§ 2. The presiding judge may issue a ruling in order to render it impossible for the accused to leave the courthouse before the conclusion of the hearing.

Article 375. § 1. In the event that an accused, despite being warned by the presiding judge, conducts himself in a manner which disturbs the order of the hearing, or is incompatible with the dignity of the court, the presiding judge may temporarily remove the accused from the courtroom.

§ 2. After permitting the accused to return, the presiding judge shall promptly inform him of the progress of the hearing during his absence, and allow him to give explanations concerning evidence taken during that time.

Article 376. § 1. If the accused who has already given explanations, leaves the courtroom without the permission of the presiding judge, the court may complete the hearing in his absence, and the judgement thus rendered shall not be regarded as issued by default; the court shall order the accused to be brought to the courtroom under duress, if it finds his presence indispensable.

§ 2. This provision shall apply accordingly when the accused who has already given his explanations, and having been notified of the date of the adjourned or interrupted hearing, has not come to that hearing or justified his non-appearance.

Rome Statute

Article 63 Trial in the presence of the accused

1. The accused shall be present during the trial.