PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 33
1. Everyone has the right to be heard before being adjudicated.
2. A person who is hiding from justice may not take advantage of this right.

TITLE III DOCUMENTS, NOTIFICATIONS AND TIME LIMITS
CHAPTER II NOTIFICATIONS
Article 141 Serving notification to a defendant who cannot be found
1. In cases Where notice cannot be served pursuant to the rules on serving notification to the defendant in free state, the proceeding authority shall order the conduct of a search operation for the defendant. If the search does not give any positive result, a decision of failure to find shall then be issued, by which after appointing a defense lawyer for the defendant, it shall be ordered that a copy of the notification is delivered to such defense lawyer. The person who cannot be found shall be represented by the defense lawyer.

TITLE VI PRELIMINARY INVESTIGATIONS
CHAPTER IX PRELIMINARY HEARING
Article 332/b Verification of attendance of parties
1. The hearing will take place in closed session, with the obligatory participation of the Prosecutor and defense lawyer of the defendant.
2. The Court shall verify that parties are present and shall order the notifications to be repeated if the parties have not been notified or when the notification is dubious or has been declared invalid.
3. When the defendant’s defense lawyer is not present, the Court shall decide pursuant to paragraph 5, of Article 49 of this Code.
4. In cases when the defendant who is in free state or under precautionary detention in prison, has failed to appear despite having received notification or refuses to appear, the Court shall declare through a decision his absence. In these cases, the defendant shall be considered present, provided that he is represented by his defense lawyer. A defendant shall also be considered present when, after appearing, he/she leaves the hearing or only appears for one hearing and not for the subsequent ones.
5. The decision to declare the defendant absent may also be revoked ex officio when the defendant appears.
6. In cases when the failure of the defendant to appear for the hearing is the result of a legitimate reason, the Court, even ex officio, shall postpone the hearing and shall order that notifications be repeated.
7. Rules provided for in Article 265 of this Code shall apply.

TITLE VII THE TRIAL
CHAPTER II THE COURT TRIAL
SECTION I GENERAL RULES
Article 341 Directing the hearing
3. When the defendant, the defense lawyer, the victim , the witness, expert or interpreter do not observe the court orders to maintain order and silence, offend the dignity of the court or act in a way that threatens the solemnity of adjudication, the presiding judge shall warn them of the consequences. Where the person continues to break the order and silence and fails to obey, the court may impose him a fine up to 30,000 ALL. The repetition of such breach shall constitute grounds for the removal from the courtroom.

TITLE VII THE TRIAL
CHAPTER II THE COURT TRIAL
SECTION I GENERAL RULES
Article 344 The presence of the defendant in the hearing
1. The defendant participates in the hearing as a free person even when he is detained, except when it is necessary to take measures indispensable to prevent the risk of escaping or of violence.
2. When a defendant with his behaviour hinders the regular performance of the hearing, despite the measures taken under paragraph 3 of the Article 341 of the Code, the court may order the removal of the defendant from the courtroom for a definite period of time. If, even after returning to the court room, the defendant continues to obstruct the regular performance of the hearing, the court may order that he is removed until the decision is announced.
3. When possible, the defendant removed, pursuant to paragraph 2 of this Article, shall attend the hearing through audio and/or video links.
4. The defendant expelled from the hearing in compliance with paragraph 2 of this Article shall be considered to be present and shall be represented by the defence lawyer. He/she can be readmitted into the courtroom at any time.
5. The absence of the defendant who has left the courtroom and who has not accepted to have a defense lawyer, does not prevent the hearing to be held. In this case a defense lawyer is assigned ex officio and the trial continues. The defendant or the defense lawyer chosen by him may be admitted in the courtroom at any time.

TITLE VII THE TRIAL
CHAPTER II THE COURT TRIAL
SECTION II PRELIMINARY ACTIONS
Article 350 The absence of the defendant or of the defence lawyer
1. When the defendant, even if held under precautionary detention in prison, or the person subject to request for trial of the accusing victim does not appear at the hearing and it results that the absence is caused by force majeure or any other impediment which exempts him from liability, the court even ex-officio postpones or suspends the judicial trial, established the date of the new hearing and orders the repetition of the summons.
2. The reading of the decision fixing the new hearing is equal to the notification for all of them who are or must be considered as present.
The court shall decide pursuant to paragraph 1 of this article even when the defence lawyer is absent and such absence is caused by force majeure, unless when the defendant requests to be adjudicated in absence of the defence lawyer and his presence is not mandatory. When the defendant is assisted by two defence lawyers and the obstacle to appear concerns only to one of them, the summons is considered valid and the trial shall be held in the presence of one of the defence lawyers.
3. When a duly summoned defence lawyer fails to appear in the hearing and there exist no impediments exempting him from the responsibility to appear, or if the defence lawyer leaves the hearing without any permission, the court may impose a fine from 5.000 ALL to 100.000 ALL and order him/her to pay the expenses of the hearing.
4. The abovementioned decision may be appealed in written form within 3 days. The appeal shall be reviewed in closed session by the same court. The court, when deems it appropriate, shall decide to revoke the fine. No appeal is allowed against the decision revoking the fine.
When the notification has not been duly made, the court decides the postponement of the trial hearing and orders the repetition of the notification.

TITLE VII THE TRIAL
CHAPTER II THE COURT TRIAL
SECTION II PRELIMINARY ACTIONS
Article 351 Absence of or voluntary abandonment by the defendant
1. When the defendant in free state or under precautionary detention in prison fails to appear in the hearing, despite being notified, and has no legitimate reasons for not appearing, the court shall postpone the hearing and order his forced accompaniment, unless he has declared, before a notary public or before the competent State authority, his will not to attend the trial. In this event, the trial shall continue in his absence.
2. If the defendant who is present at the hearing, expressly renounces from his right to participate to trial, the trial shall continue in his absence.
3. In cases provided for by paragraphs 1 and 2 of this article, the defendant shall be considered present, provided that the trial is conducted with the presence of the defence lawyer.
4. The same rule shall apply if the defendant leaves at any moment of the judicial trial or during its intervals.

Article 352 trial in absentia
1. When the defendant in free state, despite the searches pursuant to articles 140-142 of this Code, fails to appear in the hearing and it turns out that he has not been personally informed of the trial, the court shall decide its suspension and shall order the judicial police to continue the search of the defendant. After one year from the date of suspension of the trial for this reason and, at any time, when there is information on the location of the defendant, the court shall resume the trial, by ordering the repetition of the notification. The court shall declare the absence of the defendant if, even after the newly conducted searches, the defendant is not found. In this event, the trial shall be held in the presence of the defence lawyer.
2. The court shall declare absence of the defendant, if it is proved that the defendant is escaping from. In this event, trial shall be held in the presence of the defence lawyer.
3. The court shall declare absence even when it is proven that the defendant is abroad and it is impossible to extradite him.
4. The decision declaring absence is invalid when it is proven that such absence it due to his/her the absolute impossibility to appear.
5. When the defendant appears after the decision declaring his absence has been announced, the court shall revoke it. When the defendant appears after the judicial trial is declared closed, he may ask to be questioned. All actions performed before this moment shall remain valid, but if the defendant requests and the court deems it necessary for the decision to be taken, it may decide the re-opening of the judicial trial and the obtaining of the evidence requested by the defendant or the repetition of procedural actions.
6. Trial in absentia shall not be held in the case of a minor defendant. In such event, the court, after conducting the searches pursuant to articles 140-142 of this Code, shall decide the suspension of the trial. The rules of paragraph 1 of this article shall apply, to the extent they are compatible.

TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXTRADITION
SECTION I EXTRADITION ABROAD
Article 501 Extending extradition and re-extradition
2. The court proceeds in absentia of the extradited.