BOOK IV

TITLE II
Special Procedures

Chapter 1. — Procedure in Cases of Default

Art. 160. — Principle.

(I) The provisions of this Chapter shall apply where the accused fails to appear whether the prosecution is public or private but shall not apply to young offenders.

(2) Where the accused does not appear on the date fixed for the trial and no representative appears satisfactorily to explain his absence, the court shall issue a warrant for his arrest.

(3) Where the warrant cannot be executed, the court shall consider trying the accused in his absence. Where an order to this effect is made the provisions of the following articles shall apply.

BOOK IV

TITLE II
Special Procedures

Chapter 1. — Procedure in Cases of Default

Section 1. — Failure to appear in public proceedings

Art. 161. — Conditions for trying accused person in his absence.

(1) Where the accused fails without good cause to appear on the day fixed for the hearing, the court shall record his absence and may direct that he be tried in his absence in accordance with the provisions of this Section.

(2) No accused person may be tried in his absence under the provisions of this Section unless he is charged with :
(a) an offence punishable with rigorous imprisonment for not less than twelve years; or
(b) an offence under Art. 354-365 Penal Code punishable with rigorous imprisonment or fine exceeding five thousand dollars.