Trials in absentia

The former Yugoslav Republic of Macedonia

Macedonia - Criminal Procedure Code 2010 EN

PART TWO COURSE OF PROCEDURE
Chapter XVI INVESTIGATION

Article 161
(6) If the person to whom the announcement for the investigating act is addressed, is not present, the act may be conducted in his absence.

PART TWO COURSE OF PROCEDURE
Chapter XXII TRIAL
2. Managing the trial

Article 287
(1) If the accused, counsel, damaged, defence attorney, legal representative, witness, expert, interpreter or another person who participates at the trial, but disturbs the order or does not obey the orders of the Chairman of the Chamber for maintenance the order in the court room, the Chairman of the Chamber will warn him. If the person does not respond to the warning, the Chamber may order the accused to be removed from the court room, but if this concerns the other above mentioned persons, he may not only remove them from the court room but may also issue a fine penalty under Article 74, paragraph 1 of this Code.
(2) After the decision of the Chamber, the accused may be removed from the court room for a period of time, and if he has already been examined at the trial, then he may be removed for as long as the evidence procedure lasts. Before the evidence procedure is completed, the Chairman of the Chamber will call the accused and inform him of the course of the trial. If the accused keeps on disturbing the order and violating the dignity of the court, the Chamber may remove him from the trial again. In that case the trial will be completed without the presence of the accused, and the verdict will be announced to him by the Chairman of the Chamber or the judge- member of the Chamber in presence of a court
clerk.
(3) The counsel or defence attorney who after the punishment continues disturbing the order, the Chamber may exclude him from the further defence i.e. representation of the accused at the trial and in that case the party will be instructed to have another counsel i.e. defence attorney. If it is impossible for the accused or the damaged to achieve it immediately without harming their own interests, or if in case of a compulsory defence a new counsel or defence attorney may not be assigned immediately, the trial will be interrupted and postponed, and to the counsel i.e. defence attorney it will be ordered to pay for the expenses caused by the interruption or postponing.
(4) If the court removes from the court room the damaged as a plaintiff or the private prosecutor or their legal representative, the trial will be continued in their absence but the court will warn them that they may have a defence attorney.
(5) If the public prosecutor or the person who stands for him disturbs the order, the Chairman of the Chamber will inform the competent public prosecutor of that, and he may also cease the trial and from the competent public prosecutor may require another person to be assigned to represent the prosecution act.
(6) When the court punishes a lawyer who disturbs the order, the Bar will be informed of that .

PART TWO COURSE OF PROCEDURE
Chapter XXII TRIAL
3. Presumptions for holding the trial

Article 292
(1) If the accused was summoned but does not attend the trial nor he justifies his absence, the Chamber will order the accused to be apprehended forcefully. If the apprehension could not be performed immediately, the Chamber will decide the trial not to be held and will order the accused to be apprehended forcefully at the next trial. If by the time of his apprehension the accused justifies his absence, the Chairman of the Chamber will revoke the order for a forceful apprehension.
(2) If the summoned accused has obviously been avoiding the attending of the trial, and there are no reasons for pre- trial detention under Article 184 of this Code, the Chamber may determine a pre- trial detention in order the presence of the accused at the trial to be secured. The appeal does not keep from execution of the decision for a pre- trial detention. For a pre- trial detention determined for this reason accordingly are applied provisions from Articles 183 to 197 of this Code. If not revoked before, the pre- trial detention lasts until the pronouncement of the verdict and for at most 30 days.
(3) The accused may be judged in absence only if he is a fugitive or not available to the state agencies and there are particularly significant reasons to be prosecuted although absent.
(4) A decision for prosecution in absence of the accused is brought by the Chamber on the proposal of the prosecutor. The appeal does not keep from the execution of the decision .

Rome Statute

Article 63 Trial in the presence of the accused

1. The accused shall be present during the trial.