§ 201

Once it has started, the trial shall interrupted only insofar as the

presiding judge considers this to be necessary for recovery.

Adjournment may take place:

a) in the event of the defendant's illness, unless he himself agrees that

the proceedings will be continued in his absence and that the

statement made by him during the investigation will be read;

b) if the court considers it necessary to initiate new inquiries or to

examine a witness or expert witness who has not appeared or to have

new evidence brought before the court.

§ 295

1) If the defendant has not appeared at the trial, the trial may - on

penalty of voidness and unless prescribed otherwise in this Act (§ 327) -

be conducted and the judgment be rendered in his absence only if the

offence that he is charged with falls within the competence of the single

judge (§ 15(3)) or the criminal tribunal for the misdemeanours listed in

§ 15(2)(2); also, the defendant must already have been examined during the

investigation and the summons for the trial must have been served on him

personally.1

2) In this case, the justification stated by the defendant in the

investigation shall be read, and a written issue of the judgment shall be

1 § 295(1) amended by LGBl. 2011 No. 593.

312.0 Code of Criminal Procedure (StPO)

178

served upon him. If this is not possible due to his absence, the judgment

shall be served pursuant to Art. 8(2) ZustG.1

§ 296

§ 327

If the accused fails to appear at the appointed hour despite having

been duly summoned, the judge many, if he considers the examination of

312.0 Code of Criminal Procedure (StPO)

192

the accused to be necessary, direct him to appear in person, and if this

has already happened, have him brought before the court. In addition,

the trial shall begin immediately, the evidence shall be taken, and then the

judgment shall be rendered and announced after hearing the prosecutor.

A written issue of the judgement shall be served upon the accused who

has failed to appear.