Book 2: Investigation of Offences, Collection of Evidence and Initial Investigation
SECTION 5 - METHODS OR COMPULSION TO ATTEND
Chapter 6: Decisions of the Judge after the End of the Investigation 130-136
Article 135
If the accused does not appear before the investigative judge or [judicial] investigator, and is not arrested despite the use of methods of compulsion as stipulated in this law, or if he escapes after arrest or detention, and if there is sufficient evidence for a transfer to court, the investigative judge issues a decision of transfer to the court responsible in order for a trial to be conducted his absence.
Book 3: Courts
Section 2: Appearance in Court of Defendant and Other Litigants 143-151
Article 147
A. The trial will take place when the two parties attend. If the accused has absconded or is absent without legal excuse, despite his having been informed, a trial will take place in his absence.
Book 3: Courts
Section 2: Appearance in Court of Defendant and Other Litigants 143-151
Article 149
A. The trial of an absent accused or one who has absconded is conducted according to the guidelines for the conduct of trials where the accused is present.
B. Notification of the in absentia judgement is given to the person against whom the judgement has been made. If the accused has absconded at the time of notification, notification is given as stipulated in Article 143.
C. The court issues an arrest warrant against the person who has been sentenced in absentia to a penalty restricting his freedom, for a felony or misdemeanour.
Book 4: Methods of Reviewing Judgements
Section 1: Objection to Judgement in Absentia 243-248
Article 243
A. The person judged in absentia is notified of the judgment issued on him in accordance with the terms of Article 143, and if thirty days pass from the date of notification of the judgment in the case of an infraction, three months from the date of notification of the judgment in the case of misdemeanour and six months in the case of a felony without his presenting himself to the court which issued the judgment or to any police station and without his objecting to it within the period mentioned, the verdict of guilty and the principal and subsidiary penalties will have the status of a judgment in the presence of the parties.
B. The objection by the person sentenced is to be submitted in a petition either directly to the court or to any police station or in a written report regulated by the court or in any police station after asking the person sentenced immediately after his arrest or after giving himself up whether he wants to object to the verdict and if he wants to make a written record of the reasons for his objection. If he does not want to do so, then this is stated in the written report
Book 4: Methods of Reviewing Judgements
Section 1: Objection to Judgement in Absentia 243-248
Article 247
A. When a person is arrested and sentenced in absentia to death or to a prison sentence, be it life imprisonment or imprisonment for a term of years, or gives himself up to the court or to any police station, his trial will resume and the court has the right to issue any judgment permitted under the law. Its decision will be subject to appeal by any other legal means.
B. If a person sentenced in absentia to death or to a prison sentence, be it life imprisonment or imprisonment for a term of years, flees again, the provisions of Article 245 in its sub-paragraphs A, B and C only will apply.
1. The accused shall be present during the trial.