SPECIAL PART

SECTION EIGHT
PROCEEDINGS IN THE COURT OF FIRST INSTANCE

Chapter XLI
GENERAL CONDITIONS GOVERNING COURT HEARINGS

Article 311. Participation of the accused in the court’s examination of the case and consequences of non-attendance

311.1. During the court’s examination of the case, the accused shall participate in all the hearings of the court and shall enjoy the rights provided for in Article 91.5 and 91.6 of this Code.

311.2. A court may examine a case without the participation of the accused only in the following exceptional circumstances :

311.2.1. if the accused is outside the territory of the Azerbaijan Republic and intentionally avoids attendance at court ;
311.2.2. if a person charged with an offence which does not pose a major public threat applies for the charges against him to be examined without his participation, on condition that this does not preclude a thorough, full and objective examination of all the circumstances connected with the criminal prosecution.

311.3. If the court examines the case without the participation of the accused, the participation of his defence counsel in the hearing shall be compulsory.

311.4. Save in the circumstances provided for in Article 311.2 of this Code, if the accused fails to attend the hearing, the court’s examination of the case shall be postponed and the hearing shall be conducted at another time.

311.5. If the accused fails to attend the hearing without good reason, he may be forcibly brought to the hearing by court decision, and if there are grounds for it under this Code, a restrictive measure may be applied to him or an existing restrictive measure may be altered to a more serious one.