Trials in absentia

Japan

Japan - Code of Criminal Procedure Part I, II 1948 (2019) EN/Japanese

Part II First Instance

Chapter III Public Trials

Section 1 Trial Preparation and Trial Proceedings

Article 285
(1) The accused must appear on the trial date when judgment is to be pronounced for cases in which penal detention is applicable. The court may permit the accused not to appear on the other trial dates when the court deems that the attendance of the accused is not important for defense of the rights of the accused.

Part II First Instance

Chapter III Public Trials

Section 1 Trial Preparation and Trial Proceedings

Article 286 A trial may not, except in the cases prescribed in the preceding three Articles, be convened when the accused does not appear on the trial date.

Article 286-2
When the court cannot be convened without the appearance of the accused, and the accused, who is under detention has been summoned for the trial date but refuses to appear without a justifiable reason, and it is extremely difficult for the officials of the penal institution to bring the accused to the court, the court may commence the proceedings of the trial without the appearance of the accused.

Rome Statute

Article 63 Trial in the presence of the accused

1. The accused shall be present during the trial.