Part 4. Prosecution and procedure in cases before a district court.
Section XXV. Ordinary procedure in cases before a court.
Article 161
If the defendant does not appear in court when the case is registered, even though an indictment was served on him or her in the lawful manner and it was stated in the summons that the case might be judged in his or her absence (cf. the first paragraph of Article 155), [or if he or she fails to attend court at a later stage of the case], 1) then the case may be judged if the defendant is not known to have had a legitimate excuse and the following circumstances obtain: a. the offence is not regarded as entailing sanctions greater than [six months’ imprisonment], 1) the confiscation of property and deprivation of rights, and the judge considers that the evidence submitted is sufficient to secure a conviction, or
b. the defendant appeared in court during the investigation of the case, confesses without reservation to having committed the offence with which he or she is charged and the judge considers that there is no reason to doubt that the confession accords with the truth, providing that no heavier punishment than [one year’s] 1) imprisonment may be imposed.
The defendant may not appeal against such a judgment; instead, he or she may seek to have the case reopened in accordance with Section XXIX.
Part 4. Prosecution and procedure in cases before a district court.
Section XXV. Ordinary procedure in cases before a court.
Article 183
This same procedure may be followed in other instances where there is no dispute concerning the description of the facts of the case given in the indictment. In a case subject to the procedure set out in Article 161, it shall be sufficient, in the judgment, to refer to the indictment and to state that the defendant did not attend court, even though it was stated in the summons that a judgment in absentia might be delivered in the case.
Part 5. Reopening of cases; appeals.
Section XXIX. Reopening of cases judged in absentia in a district court.
Article 187
If the defendant did not attend court when the case was registered before a district court, and it has been concluded with a judgment as provided for in Article 161, he or she may, within four weeks of the date on which the judgment was served on him or her (or on which the judgment was delivered, if, in accordance with the third paragraph of Article 185, service was not necessary), request that the case be reopened before the district court, providing that the request for a reopening of the case is received within this time.
The defendant may not request a reopening of the case if an appeal has already been lodged against the judgment … 1) by the prosecution on matters regarding the defendant.
When the period provided for in the first paragraph is ended, the case may not be reopened except by the decision of the [committee on reopening cases as provided for under the Judiciary Act (see Section XXXIV)]. 1)
1)Act 49/2016, Art. 54.
Article 188
A written request from the defendant for the reopening of the case shall be sent to the court where the judgment in absentia was delivered. It shall state clearly to what case it applies, what changes the defendant requests as compared with the way the case was concluded previously and the grounds for action, sources of law and evidence on which the request is based.
If a request is unsatisfactory, or is received by the wrong court, or the judge considers it evident that the conditions of Article 187 are not met, the judge shall then reject the request for the reopening of the case immediately; a ruling on the rejection shall be delivered if this is demanded. Otherwise, the judge shall call both parties before the court in order to consider the request.
If the defendant does not attend court when his or her request is considered, it shall be regarded as being dropped.
If the prosecutor raises objections against the request for the reopening of the case, these shall be resolved by means of a ruling before any further steps are taken. Otherwise, the judge shall reopen the case by making an entry in the court records.
1. The accused shall be present during the trial.