Section 9a
Extradition and proceedings before international criminal courts

(1) Extradition is not permissible where an international criminal court established by an instrument which is legally binding on the Federal Republic of Germany has delivered a final criminal judgment against the person pursued for the offence or has given a decision with corresponding legal effect, or it has finally terminated criminal proceedings, and, under the instrument of constitution, prosecution by another body is prohibited in that case. If the court referred to in sentence 1 conducts criminal proceedings for the offence and it has not yet issued its decision at the time of receipt of the request for extradition, then the decision on whether extradition is permissible is deferred. Temporary extradition (section 37) is not possible.

Section 84b
Additional conditions governing permissibility

(1)  Enforcement is not permissible if
2. the sentenced person did not appear in person at the hearing which led to the judgment,

Section 90c
Additional conditions governing permissibility

(1) Enforcement of the judgment and supervision of the probation measures or alternative sanctions imposed in that judgment are not permissible if
2. the sentenced person did not appear in person at the hearing which led to the judgment,

Section 90c
Additional conditions governing permissibility

(3) In derogation from subsection (1) no. 2, enforcement of the judgment and supervision of the probation measures or alternative sanctions imposed in that judgment are also permissible if

1. the sentenced person
a) in due time
aa) was summoned in person to appear at the hearing which led to the judgment or
bb) actually received official information by other means of the scheduled date and place of the hearing which led to the judgment in such a manner that it was unequivocally established that the sentenced person was aware of the scheduled hearing and

b) was informed that judgment may also be delivered in absentia,

2. the sentenced person, being aware of the proceedings being conducted against him or her in which defence counsel participated, prevented a personal summons by absconding or

3. the sentenced person, being aware of the scheduled hearing, mandated defence counsel to defend him or her at the hearing and was indeed defended by counsel at the hearing.

Section 230
Defendant’s failure to appear

(1) No main hearing is held against a defendant who fails to appear.

(2) If insufficient excuse has been provided for the defendant’s failure to appear, an order is made to bring the defendant before the court or a warrant of arrest is to be issued insofar as this is necessary in order to conduct the main hearing.


Section 231
Defendant’s duty to be present

(1) A defendant who has appeared may not leave the hearing. The presiding judge may take appropriate measures to prevent the defendant from leaving; the judge may also have the defendant kept in custody during any interruption of the hearing.

(2) If the defendant nevertheless leaves or fails to appear when an interrupted main hearing is resumed, it may be concluded in his or her absence if the defendant has already been examined on the charges, the court does not consider the defendant’s further presence to be necessary and the defendant was informed in the summons that the main hearing may, in such cases, be concluded in his or her absence.

Section 231a
Bringing about of unfitness to stand trial with intent

(1) If the defendant has intentionally and culpably brought about a condition which precludes his or her fitness to stand trial and if, as a result, said defendant knowingly prevents the proper conduct or continuation of the main hearing in his or her presence, then if the defendant has not yet been examined on the charges, the main hearing is to be conducted or continued in his or her absence, unless the court considers his or her presence to be indispensable. The procedure described in sentence 1 only applies where the defendant has, after proceedings have been opened, had the opportunity to make a statement on the charges before the court or a commissioned judge.

(2) As soon as the defendant is again fit to stand trial, the presiding judge must inform him or her of the essential content of the proceedings during his or her absence, unless pronouncement of judgment has commenced.

(3) It is for the court to decide, after hearing a physician as an expert, whether to hold the hearing in the absence of a defendant pursuant to subsection (1). The decision may already be given prior to the beginning of the main hearing. An immediate complaint against the decision is admissible; it has suspensive effect. A main hearing which has already commenced is to be interrupted until a decision on the immediate complaint is made; the interruption may last no more than 30 days even if the conditions of section 229 (2) are not met.

(4) Defence counsel is to be appointed for a defendant who is not represented by defence counsel as soon as a hearing in the absence of the defendant is being considered in accordance with subsection (1).


Section 231b
Continuation after defendant’s removal to maintain public order

(1) If the defendant is removed from the courtroom for disorderly conduct or arrested for disobedience to court orders (section 177 of the Courts Constitution Act), the hearing may be conducted in his or her absence if the court does not consider the defendant’s further presence to be indispensable and as long as it is to be feared that the defendant’s presence would be seriously detrimental to the progress of the main hearing. In any event, the defendant is to be given the opportunity to make a statement on the charges.

(2) As soon as the defendant is allowed back into the courtroom, the procedure described in section 231a (2) applies.

Section 285
Purpose of securing of evidence
(1) No main hearing is held in respect of a person who is absent. Proceedings instituted against an absent person serve the purpose of securing evidence in anticipation of his or her future presence in court.

(2) The provisions of sections 286 to 294 apply to these proceedings.


Section 286
Representation of absent persons

The accused may be represented by defence counsel. Relatives of the accused are also permitted to act as representatives, even without a power of attorney.

Section 288
Public request to appear before court or report whereabouts

Absent persons whose whereabouts are unknown may be requested, through one or more newspapers, to appear before the court or to report their whereabouts.


Section 290
Seizure of property
(1) The property of absent defendants against whom public charges have been preferred which is located within the territorial scope of this federal statute may be seized by order of the court if there are grounds for suspicion against them which would justify issuing a warrant of arrest.

(2) There is no seizure of property for offences carrying imprisonment for a term not exceeding six months or a fine not exceeding 180 daily rates.

Section 329
Defendant’s failure to appear; representation in main hearing on appeal

(1) If, at the beginning of a main hearing, neither the defendant nor defence counsel with a documented power of attorney has appeared and if there is no sufficient excuse for their failure to appear, the court dismisses the defendant’s appeal on fact and law without hearing the merits. The same procedure is to be adopted where resumption of the main hearing on that date is prevented on account of

1. defence counsel having left the hearing without sufficient excuse and no sufficient excuse having been provided for the defendant’s absence or defence counsel no longer representing a defendant who is absent without sufficient excuse,
2. the defendant having left the hearing without sufficient excuse and no defence counsel with a documented power of attorney being present or
3. the defendant having intentionally and culpably brought about a situation in which he or she is unfit to stand trial and no defence counsel with a documented power of attorney being present.

The court takes a decision on whether to dismiss the case pursuant to this subsection on account of the defendant being unfit to stand trial after hearing a physician as an expert. Sentences 1 to 3 do not apply if the court hearing the appeal on fact and law holds a new hearing after the case has been referred back to it by the court hearing the appeal on points of law.

(2) If the defendant’s presence is not necessary, the main hearing is held in his or her absence if the defendant is represented by defence counsel with a documented power of attorney or, in the event of the hearing being held on an appeal on fact and law filed by the public prosecution office, no sufficient excuse has been provided for his or her absence. Section 231b remains unaffected.

(3) If the main hearing on an appeal on fact and law filed by the public prosecution office cannot be concluded without the defendant or where dismissal of the appeal pursuant to subsection (1) sentence 4 is not permissible, an order is made for the defendant to appear in court or for his or her arrest if this is necessary in order to be able to conduct the main hearing.

(4) If the defendant’s presence in a main hearing conducted after he or she has filed an appeal on fact and law is necessary despite being represented by defence counsel, the court summons the defendant to resume the main hearing and makes an order for him or her to appear in court. If the defendant does not appear on the date on which the main hearing is resumed without sufficient excuse and his or her presence is still required, the court dismisses the appeal. The defendant is to be instructed in the summons about the possibility of such dismissal.

(5) If subsection (2) was applied to an appeal on fact and law filed by the public prosecution office without defence counsel with a documented power of attorney being present, the presiding judge, as long as he or she has not yet begun the pronouncement of judgment, is required to notify a defendant or defence counsel with a documented power of attorney who has appeared in court of the essential content of the hearing conducted in his or her absence. In the cases under subsection (1) sentences 1 and 2, an appeal on fact and law filed by the public prosecution office may also be withdrawn without the defendant’s consent, unless the conditions of subsection (1) sentence 4 are met.

(6) Where a conviction for individual offences has been overturned, the content of that part of the judgment which has been upheld must be clearly identified when the appeal on fact and law is dismissed; the penalties imposed may be combined into a new aggregate sentence by the court hearing the appeal on fact and law.

(7) The defendant may request restoration of the status quo ante under the conditions of sections 44 and 45 within one week after service of the judgment. He or she is to be instructed of this fact upon service of the judgment.

Section 415
Main hearing without accused
(1) If the accusedʼs appearance in court in preventive detention proceedings is impossible owing to his or her condition or is inappropriate for reasons of public order or security, the court may conduct the main hearing without the accused being present.

(2) In this case, the accused is to be examined prior to the main hearing by a commissioned judge and an expert who is called in. The public prosecution office, the accused, defence counsel and statutory representative are to be informed of the date set for the examination. It is not necessary for the public prosecutor, defence counsel and statutory representative to be present.

(3) If the accused’s condition so requires or if the proper conduct of the main hearing is otherwise not possible, then after examination of the accused on the charges the court may conduct the main hearing in preventive detention proceedings even if the accused is not or is only temporarily present.

(4) If a main hearing takes place without the accused, previous statements made by the accused which are contained in a judicial record may be read out. The record of any prior examination pursuant to subsection (2) sentence 1 is to be read out.

(5) An expert is to be examined at the main hearing concerning the accused’s condition. If the expert has not previously examined the accused, he or she is, as a rule, to be given the opportunity to conduct an examination prior to the main hearing.