Trials in absentia

Kyrgyzstan

Kyrgyzstan - Criminal Procedure Code 1999 (2008) EN

SPECIAL PART

PART VII. INSTITUTION OF THE CRIMINAL CASE (PROSECUTION)

SECTION VIII. PROCEEDINGS IN ORIGINAL JURISDICTION

CHAPTER 33. GENERAL TERMS OF TRIAL

Article 259. Participation of the Defendant on Trial

(2) A trial in the absence of the defendant shall be permissible if :

1) the defendant is outside the Kyrgyz Republic and avoids appearing when subpoenaed by the court ;
2) after being subpoenaed additionally, the defendant fails to appear in court and inform the court about the reasons for his absence.

(3) If the defendant fails to appear, the trial of the criminal case must be postponed. In such an event, the judge or the court shall require the prosecutor to ensure that the defendant appear in court.

Rome Statute

Article 63 Trial in the presence of the accused

1. The accused shall be present during the trial.