Article 189 – Hearing in the absence of the accused

1. A case hearing in the absence of the accused may be held if the accused avoids appearing before the court. In such a case, participation of a defence lawyer of the accused in the case hearing shall be mandatory.

2. If a detained accused has not been presented before the court due to a failure to transport him/her, the court shall adjourn the hearing for a reasonable period but no longer than 10 days, and notify the General Director of the Special Penitentiary Service accordingly, who shall be obliged to ensure the attendance of the accused at the next session, and notify the court of the reason for failure to transport the accused.

Chapter 4 Transmitting criminal case files or their duly certified copies

Article 41

Impermissibility of trial in absentia

Until the receipt of the answer of the foreign state with respect to the transmitted criminal case files, the primary criminal case conducted by the competent authorities of Georgia may not be conducted for trial in absentia, or if the trial has already commenced, it shall be terminated.