Article 13

A defendant accessible to the court may be tried only in his presence, except where in absentia trials are exceptionally allowed under this Code.

A criminal sanction may not be pronounced to a defendant who is accessible to the court if that defendant has not been allowed to be heard and to defend himself.

Article 74

The defendant must have a defence counsel:

if he is mute, deaf, blind or incapable to conduct his own defence successfully – from the first interrogation until the final conclusion of the criminal proceedings;

if the proceedings are being conducted in connection with a criminal offence punishable by a term of imprisonment of eight years or more – from the first interrogation until the final conclusion of the criminal proceedings;

if he has been taken into custody, or prohibited from leaving his abode, or is in detention – from the moment of deprivation of liberty until the ruling discontinuing the measure becomes final;

if he is being tried in absentia – from the issuance of a ruling on an in absentia trial and for the duration of such trial;

if the trial is being held in his absence due to reasons he himself induced – from the issuance of a ruling for the trial to be held in absentia until the ruling by which the court establishes that reasons for his inability to stand trial have ceased becomes final;

if he has been removed from the courtroom for disturbing the order, until the conclusion of the evidentiary procedure or the termination of the trial – from the issuance of the order on his removal until his return to the courtroom or the pronouncement of the judgment;

if proceedings for pronouncing a security measure of compulsory psychiatric treatment are being conducted against him – from the submission of a motion for pronouncing such a measure until the issuance of the decision referred to in Article 526 paragraphs 2 and 3 of this Code or until the ruling pronouncing a security measure of compulsory psychiatric treatment becomes final;

from the beginning of the negotiations with the public prosecutor on the conclusion of the agreement referred to in Article 313 paragraph 1, Article 320 paragraph 1 and Article 327 paragraph 1 of this Code, until the issuance of a court decision on the agreement;

if the trial is held in his absence (Article 449 paragraph 3) – from the moment of adoption of the ruling to hold the trial in his absence, to the adoption of the judicial decision on the appeal against the judgment.

Article 371

If the measures referred to in Article 370 paragraph 1 of this Code are unsuccessful, the panel may order the defendant removed from the courtroom for the duration of a certain evidentiary action, and if after returning to the courtroom the defendant continues to disturb the order, the panel may remove him until the conclusion of the evidentiary proceedings and order, if there exists such a possibility, that the defendant follow the course of the proceedings from a separate room by means of an audio and video link.

Before the conclusion of the evidentiary proceedings the president of the panel will, if the technical link for monitoring the course of the proceedings referred to in paragraph 1 of this Article did not exist, inform the defendant about the course of the evidentiary proceedings for the period during which he was removed from the courtroom, inform him about the testimony given

by co-defendants previously questioned, or make it possible for him to read the transcripts of that testimony, if the defendant so requests, and ask him to state his position on the charges, unless he had already done so.

If the defendant in the case referred to in paragraph 2 of this Article continues to disturb the order, the panel may remove him from the courtroom again without a right to attend the trial until its conclusion, in which case the president of the panel or a judge member of the panel will inform the defendant about the judgment in the presence of the record-keeper.

In case a defendant who has no defence counsel is removed from the courtroom in accordance with paragraphs 1 and 3 of this Article, the president of the court will assign a court appointed defence counsel for him (Article 74 item 6) and Article 76).

Article 381

A defendant may be tried in absentia only if there exist particularly justified reasons to try him although he is absent, provided he is at large or not accessible to the public authorities.
A ruling on an in absentia trial is issued by the panel on a motion of the prosecutor.
An appeal does not stay the execution of the ruling referred to in paragraph 2 of this Article.

Article 383

When under the provisions of this Code the necessary conditions exist for deferring the trial due to the absence of a defendant or defence counsel (Article 380 paragraph 1 and Article 382 paragraph 2), the panel may decide that the trial be held if according to the evidence contained in the files a ruling dismissing the charges (Article 416 paragraph 1) or a judgment rejecting the charges (Article 422) would obviously have to be issued.

If the defendant caused his own inability to participate in the trial, the panel may, after examining an expert witness, issue a ruling deciding that the trial be held, but not concluded, in the absence of the defendant. In the case of the holding of the trial without the presence of the defendant, the president of the court will appoint a court appointed defence counsel for him (Article 74 item 5) and Article 76).

An appeal does not stay execution of the ruling referred to in paragraph 2 of this Article.

Article 506
Exceptionally, a trial may be held in the absence of the summoned parties if the judge deems that, in view of the evidence contained in the files, a ruling dismissing the charges (Article 416 paragraph 1) or a dismissing judgment would obviously have to be issued.