Section 82. Rights and Duties of a Defence Counsel in Ensuring Defence in an Individual Procedural Action

(3) During a trial the participation of a defence counsel is mandatory, if a case is examined while the accused is absent (in absentia) or without the participation of the accused, as well as if the trial is taking place under the proceedings regarding the application of coercive measures on a legal person, whereby such proceedings are isolated in separate records, and the representative of the legal person does not participate in the trial.

Section 296. Expulsion from a Court Room

(2) An accused and a victim may be expelled from a court room with a decision of the court, if he or she
repeatedly and substantially interferes with procedures. In the case of an expulsion of an accused, a court hearing may be continued if a court decides that the participation of an accused in the court hearing is not compulsorily necessary, and, in addition, only so long as there are grounds to believe that the accused may continue to interfere with procedures in the court hearing.

Section 463. Participation of an Accused in the Trial of a Criminal Case

(1) The participation of an accused in the trial of criminal proceedings is mandatory.

(2) If the accused does not arrive for a court hearing, the trial of the criminal case shall be deferred.

(3) If an accused does not arrive for a court hearing due to an unjustified reason, or he or she has not notified of the reasons for non-arrival, a court may decide to impose a fine or on his or her conveyance by force to the court, and regarding the modification or application of a security measure.

Section 464. Trial of a Criminal Case without the Participation of an Accused

(1) A court may try a criminal case regarding a criminal violation, a less serious crime, and a serious crime for which the sentence of deprivation of liberty up to five years is provided for, without the participation of the accused, if the accused repeatedly does not arrive to a court hearing without a justified reason or has submitted to the court a request for the trial of the criminal case without his or her participation.

Section 465. Trial of a Criminal Case in the Absence of the Accused (in absentia)

(1) A court may try a criminal case in the absence of the accused (in absentia) in one of the following cases:

1) whereabouts of the accused are unknown and it is indicated in information regarding the search results;
2) the accused is located in a foreign country and the ensuring of his or her arrival in court is not possible.