Presence of the accused at the trial

§ 428. (1) The presence of the accused at the trial is obligatory if

a) did not waive the right to be present at the hearing pursuant to Section 430 (1),

(b) the court shall order him to be present at the hearing.

(2) A court may order an accused who has waived his right to be present at a hearing to attend the hearing if:

(a) it is necessary for the taking of evidence or for the hearing of an expert, or

b) the service agent of the accused has declared in accordance with Section 430 (5) that the performance of his or her task specified in Section 136 (5) is impeded for reasons beyond his or her own fault.

3. There shall be no appeal against an order under paragraph 1 ( b) .

§ 429. (1) If the proceedings are conducted against several accused, the part of the trial which does not concern him or her may be held in the absence of the accused. In that case, in the absence of the defense counsel of the accused who did not appear, this part of the trial may be held even if the participation of the defense counsel in the criminal proceedings is mandatory.

(2) A trial may be held in the absence of the accused if during the proceedings an order for the compulsory medical treatment of the accused may arise and due to his or her condition he or she may not appear at the trial or be unable to exercise his or her rights.

(3) The trial may be held in the absence of the accused, who has not appeared, despite the proper summons, but, except in the case of paragraph 4, the evidentiary proceedings may not be completed.

(4) The court may acquit the accused in his or her absence or terminate the criminal proceedings against him or her, and shall notify the accused and the defense counsel of the decision thereon, in addition to being informed of the legal remedy.

Section 430 (1) The accused may waive the right to be present at the hearing at any time after the indictment, if

(a) has a guard, and

(b) entrust the lawyer with the duties of service agent.

(2) The accused may make the statement under paragraph 1 orally before the court or in a document countersigned by his lawyer.

(3) If the accused waives his right to be present at the trial, it shall be clear from the record or from the document addressed to the court that the accused made this statement in the knowledge of paragraphs 4 to 7.

(4) If the accused waives the right to be present at the trial, the court shall serve the documents on the accused, except for the order to appear at the trial and the summons, on the service agent from the time he makes this statement or arrives at the court.

(5) If the performance of the task specified in Section 136 (5) encounters an unavoidable obstacle due to reasons beyond the control of the delivery agent, the delivery agent shall notify the court thereof within eight days of the occurrence of the obstacle.

(6) The service agent may be fined in the event of a breach of the obligation specified in subsection (5).

(7) If the accused has waived the right to be present at the trial and he or she has not been required by the court to be present at the trial, the trial shall be held in the absence of the accused. In this case, the court may close the proceedings against the defaulting defendant.

§ 431. (1) Until the announcement of the final decision, the accused may declare that he or she wishes to be present at the hearing, and upon receipt of the application in court, the statement specified in § 430 (1) shall cease to be valid.

2. A notification within the meaning of paragraph 1 shall be deemed to be a statement by the accused that he intends to directly monitor or actively participate in the trial or in the taking of evidence, the examination of certain means of proof, in particular if he testifies or you want to make a comment, even if you make a confession or comment.

(3) If the accused has announced that he wishes to be present at the trial, he may subsequently waive the right to be present at the trial again only with the permission of the court. There is no appeal against the order for authorization.

(4) If the accused has announced that he or she wishes to be present at the trial, the court may describe the essence of the minutes of the trial held in the absence of the accused and order that the evidence or part of the evidence be repeated.

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(2) The presence of the accused at the hearing is obligatory if the hearing is held by the court pursuant to Section 466 (1). In the case of Section 466 (1) e) , if the accused is in an unknown place, the meeting may be held in the absence of the accused.

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(2) If the accused or the defense counsel did not appear at the hearing despite the proper summons, the decision may be announced in the absence of the accused or the defense counsel. There is no room for justification for this omission.

THE APPEAL

The right of appeal

§ 579. (1) An appeal against a final decision of a court of first instance may be lodged with the court of second instance.

(2) An appeal against a non-decision-making order of a court of first instance shall be subject to an appeal to the court of second instance, unless this is precluded by this Act.

(3) The rules for appealing against a judgment shall apply to the settlement of an appeal against an order, provided that in the case of a non-judgment order:

(a) Section 583 (3) and Section 590 (5) and

(b) other interested parties have the right to appeal.

Limits of the appeal

Section 580 (1) There is no place for appeal

a) against a petition for the termination of parental custody and against a lawful order to enforce a civil claim,

(b) against the dismissal of an appeal notified after acknowledgment of the judgment,

(c) on the grounds that the court has given a final decision in the absence of the accused, if the presence of the accused at the hearing was not mandatory,

(d) against the order for reference; and

(e) against a judicial measure which does not require a decision.

(2) If the court has accepted the accused's statement of guilt by an order, there shall be no appeal against the judgment.

(a) a finding of guilt; or

(b) the facts and classification of the charge

due to.

(3) If there is no appeal against the order or measure of the court, the person entitled to appeal against the final decision may appeal against the order or measure of the court in his appeal against the final decision.

They have the right to appeal

§ 581. He has the right to appeal against the judgment of the court of first instance

a) the accused,

b) the prosecutor's office,

c) the defense counsel, even without the consent of the accused,

d) the heir of the accused, against a provision granting a civil claim,

e) the accused's spouse or partner against the ordering of compulsory medical treatment, even without the accused's consent,

f) the private party opposes the provision assessing the merits of the civil claim,

(g) the proprietor of the property against the provision relating to him.

Notice of appeal

§ 582. (1) With whom the court of first instance notifies the judgment by promulgation, it may immediately announce its appeal or reserve three working days for this. Failure to meet this deadline is not justified.

(2) If the court of first instance notifies the non-decisive order by publication, the appeal shall be announced at the time of publication of the order.

3. An appeal may be brought against a judgment served by service within eight days. This provision shall also apply if the court of first instance communicates the operative part of the judgment by service.

(4) An appeal which was not notified at the time of publication shall be lodged with the Court of First Instance in writing or recorded in the minutes.

5. The court of first instance shall inform the accused and the defense counsel of the appeal filed by the public prosecutor's office pursuant to subsection (4).

Grounds, content and direction of the appeal

§ 583. (1) An appeal is valid for legal and factual reasons.

2. There shall be a right of appeal against any provision of the judgment and the grounds on which it is based.

(3) An appeal shall lie only

(a) the sex and the extent or duration of the penalty or measure imposed,

(b) a provision of the judgment which is the subject of a simplified review procedure, a provision on the application for the cessation of parental responsibility or a substantive civil action, or

c) the content of the grounds for the acquittal judgment pursuant to Section 566 (4) and the grounds for the termination decision pursuant to Section 567 (5)

also against.

(4) The prosecutor's office may also appeal against the accused and in favor of the accused, the accused and the defense counsel may only appeal in favor of the accused; the prosecution must indicate in its appeal if it is directed against the accused.

§ 584. (1) The appellant shall indicate against which provision of the judgment or which part of the reasoning his appeal is lodged.

(2) If the court has found the accused guilty in several of its criminal offenses or has acquitted or terminated the proceedings against him or her on charges of several criminal offenses, the appeal shall indicate which provision he or she is infringing.

(3) The appellant may not subsequently extend his appeal pursuant to Section 583 (3).

(4) If the appeal lodged does not comply with the provisions of paragraphs 1 to 2 and its content cannot be clarified at the time of notification, it shall be deemed to have been notified against all the provisions of the judgment, with the exception of the acquittal or the dismissal provision.

(5) A new fact or new evidence may be established in the appeal only if the appellant suspects that the fact or evidence on which the appeal is based arose after the judgment was pronounced or became known through no fault of his own after the judgment was pronounced. An appeal may also include evidence which was rejected by the court of first instance.

(6) The public prosecutor's office and the defense counsel shall be obliged to substantiate the appeal in writing. The statement of reasons may be lodged with the court of first instance until the file has been lodged and with the court of second instance after the file has been lodged, at the latest on the fifteenth day before the hearing or trial.

(7) If the time limit specified in subsection (6) is missed by the public prosecutor's office, the chairman of the council shall inform the head of the public prosecutor's office thereof.

§ 585. A private party may change a civil claim in an appeal against a provision of a judgment of a court of first instance adjudicating the merits of a civil claim and in second instance court proceedings under the provisions of the Code of Civil Procedure on changes in lawsuits and related proceedings.

Observations on the appeal

§ 586. (1) Until the submission of the case file, the persons concerned by the appeal may submit observations on the appeal to the court of first instance, and after the submission of the file file to the court of second instance.

(2) In the remarks of the public prosecutor's office and the accused concerned by the appeal or his or her defense counsel, he or she may invoke the ground for revocation specified in Section 607 (1) and Section 608 (1) even if he or she has not appealed.

Withdrawal of the appeal

§ 587. (1) The appellant may withdraw his appeal until the decision of the court of second instance adjudicating the appeal is made.

(2) The appeal of the public prosecutor's office may be withdrawn by the public prosecutor's office attached to the court of second instance after the submission of the case files. If the public prosecutor's office withdraws the appeal and no one else has appealed, the case files are returned to the court of first instance together with his statement.

(3) An appeal filed by another person in favor of the accused may be withdrawn by the appellant only with the consent of the accused. This provision does not apply to appeals from the prosecution.

4. A withdrawn appeal may not be re-lodged.

Actions to be taken by the Court of First Instance and the Public Prosecutor's Office following an appeal

§ 588. (1) An appeal which is excluded by law, originates from a person not entitled to it or is delayed shall be rejected by the court of first instance. An appeal lodged again in this way shall be dismissed by the court without giving any substantive reasons.

(2) If the time limit for appeal has expired for all rightholders, the single judge or the President of the Chamber of the Court of First Instance shall file the case with the Court of Appeal immediately after the final decision has been recorded in writing.

3. If an appeal is based on a procedural irregularity the circumstances of which are not apparent from the file, the single Judge or the President of the Chamber shall state that fact in the application.

(4) The public prosecutor's office attached to the court of second instance shall send the case files to the court of second instance within two months with its motion, especially in a complex or large-scale case. In exceptional cases, the head of the prosecutor's office may extend the deadline by another month.

section 600
(3) The trial may be held in the absence of the duly summoned accused, and the appeal may be heard even if no appeal has been lodged against the accused.

section 691
(2) The court may order that the part of the hearing to be held in the absence of the juvenile which may adversely affect the juvenile's development in the right direction. The essence of the trial thus conducted shall be communicated to the juvenile at the latest before the evidentiary procedure is declared complete.

PROCEDURE AGAINST A LONG LOAD

§ 747. (1) The fact that a person who is reasonably suspected of having committed a criminal offense or the accused has become inaccessible shall not be an obstacle to the conduct of criminal proceedings.

(2) In the case of proceedings against a defendant in absentia, the provisions of this Act shall apply with the exceptions provided for in this Chapter.

(3) An accused person who is absent shall be prosecuted and subsequently prosecuted if:

(a) the person reasonably suspected of having committed the offense or the accused has escaped, absconded during the proceedings, or can reasonably be expected to have become otherwise inaccessible in order to avoid criminal proceedings,

(b) the measures taken to trace the accused have not been successful within a reasonable time; and

(c) it is justified by the material gravity of the offense or by the judgment in the case.

The condition set out in paragraph 3 ( b) may be established if:

(a) evidence has been obtained in order to locate the accused, data-gathering activities have been carried out or, if the conditions are met, disguised means have been used,

(b) the investigating authority, the public prosecutor's office or the court has issued a circular or, if the conditions are met, an arrest warrant, and

(c) the circular or arrest warrant did not produce results within 15 days of its issuance.

(5) If the conditions for conducting proceedings against the absent accused are not met, the court or the public prosecutor's office shall suspend the proceedings.

(6) The participation of a defense counsel in proceedings against an absent person shall be mandatory.

Investigation and prosecution

§ 748. (1) If the person reasonably suspected of committing a criminal offense or the contact details of the suspect are unknown and the conditions for conducting proceedings against the absent accused exist, the prosecutor's office shall register the person suspected of committing the criminal offense or the suspect as absent. There is no appeal against the decision.

(2) If the absent accused does not have a lawyer, the prosecutor's office shall appoint a lawyer for him in the decision pursuant to subsection (1).

(3) The prosecutor's office or the investigating authority shall only be liable for the absence of the accused

a) decision pursuant to paragraph (1)

b) a decision suspending or terminating the proceedings,

(c) information on the prosecution

to deliver.

4. Failure to communicate the suspicion, provided that the conditions set out in paragraph 1 are met, shall not prevent the prosecution. If the prosecution requests that the proceedings be conducted in the accused's absence in the indictment, the indictment shall contain, in addition to the provisions specified in Section 422, a detailed description of the circumstances listed in Section 747 (3) and (4).

Court proceedings against the absent accused

§ 749. (1) The court shall act against the absent accused upon the motion of the prosecutor's office to that effect.

(2) There shall be no place for a preparatory meeting in respect of an absent person.

§ 750. (1) If the prosecutor's office has brought charges against an absent accused and the contact details of the accused become known before the commencement of the trial, the court shall inform the prosecutor's office. The provisions of Parts Thirteen to Fourteenth shall apply to further proceedings before the Court.

(2) If the accused becomes inaccessible after the indictment and the conditions for conducting proceedings against the absent accused are met, the court shall inform the prosecutor's office thereof.

3. If the public prosecutor's office does not request that the trial be resumed against the absent accused within fifteen days of receiving the information, the single judge or the chairman of the council shall suspend the proceedings. The suspension of the proceedings does not prevent the prosecution from submitting its motion at a later date.

(4) If the court assigns a defense counsel to the accused in absentia, the trial shall be continued by presenting the material of the previous trial.

(5) Paragraphs 1 to 4 shall apply mutatis mutandis to second-instance and third-instance court proceedings.

§ 751. (1) If the measures taken to trace the accused resulted in a decision of the court of first instance, the court shall continue the trial by presenting the material of the previous trial and, if necessary, reopen the evidentiary proceedings pursuant to § 547.

(2) If the measures taken to trace the accused have resulted in a final decision of the court of first instance, the accused may lodge an appeal within the time limit open for appeal.

§ 752. (1) If the measures taken to trace the accused have led to a result in the court of second instance, the court of second instance shall hold a hearing and interrogate the accused, describe the substance of the trial in the absence of the accused and, if necessary, it adds further evidence.

(2) If the measures taken to trace the accused have resulted in the court of third instance proceedings, the court of third instance, provided that there is no place for the application of Section 625 (3), shall set aside the judgment of the court of second instance and order the court of second instance to reopen the proceedings. .

(3) If the measures taken to trace the accused have resulted in the examination of the appeal against the annulment order of the court of third instance, the Curia shall annul the decision of the court of third instance and instruct the court of third instance to reopen the proceedings. Thereafter, paragraph 2 shall apply mutatis mutandis to the proceedings before the court of third instance.

(4) If the whereabouts of the accused become known after the final decision has been taken, a motion for renewal may be filed in his favor.

Section 753 (1) The provisions of Part Eighteen shall apply mutatis mutandis to proceedings repeated under this Chapter.

(2) If the accused leaves again in an unknown place during the repeated proceedings in accordance with this Chapter, the decision of the court made on the basis of the proceedings against the absent accused shall remain in force without any substantive examination. The court warns the accused of this.

3. In the cases referred to in paragraph 2, the proceedings shall be instituted by the court in whose proceedings the measures taken to trace the accused were previously successful.

CII. CHAPTER

PROCEDURE IN THE ABSENCE OF A LOADED ABROAD

§ 754. In the case of proceedings in the absence of a defendant residing abroad, the CI. The provisions of this Chapter shall apply with the exceptions set out in this Chapter.

§ 755. (1) In the absence of the accused in a known place abroad, the place of conduct of the proceedings is appropriate if

(a) a European or international arrest warrant has not been issued or is not issued because the prosecution does not propose the imposition of a custodial sentence or correctional facility in the indictment, and

(aa) did not appear despite the lawful summons, or

ab) the accused is detained abroad,

(b) a European or international arrest warrant has been issued but no transfer or extradition of the accused has taken place within twelve months of the arrest of the accused and no transfer of criminal proceedings has taken place,

(c) a European or international arrest warrant has been issued but the surrender or extradition of the accused has been refused and no criminal proceedings have been surrendered,

(d) a European or international arrest warrant has been issued and a deferred surrender or extradition of the accused has been ordered.

(2) In the absence of a defendant residing abroad, the proceedings may be conducted even in the circumstances specified in subsection (1) only if:

(a) it is justified by the material gravity of the offense or by the judgment in the case; and

(b) the accused's participation in the proceedings or his presence in the proceedings cannot be ensured by submitting an application for international criminal assistance or by the use of a means of telecommunication, or their use is not justified by the material gravity of the offense or the judgment.

§ 756. (1) If, after the indictment, it can be established that the accused is abroad and the conditions specified in § 755 (1) are met, the court shall inform the prosecutor's office thereof. If the public prosecutor's office does not request that the hearing be resumed in the absence of the accused within fifteen days of receiving the information, the single judge or the president of the panel shall suspend the proceedings. The suspension of the proceedings shall not prevent the public prosecutor's office from submitting his motion at a later date.

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(c) the defendant's absence from the hearing and the proceedings does not adversely affect the interests of the proceedings, and

§ 758. (1) If the court or the prosecutor's office authorizes the deposit of bail and the accused has deposited the bail, the procedural acts and the hearing may be held in the absence of the accused and the court may terminate the proceedings against the unrepresented accused.