Trials in absentia

Marshall Islands

Marshall Islands - Rules of Criminal Procedure 2005 (2007) EN

TITLE IX. GENERAL PROVISIONS

Rule 43. Defendant's Presence

(b) When Not Required. A defendant need not be present under any of the following circumstances :

(1) Organizational Defendant. The defendant is an organization represented by counsel who is present.

(2) Misdemeanor Offense. The offense is punishable by fine or by imprisonment for not more than one year, or both, and with the defendant's written consent, the court permits arraignment, plea, trial, and sentencing to occur in the defendant's absence.

TITLE IX. GENERAL PROVISIONS

Rule 43. Defendant's Presence

(c) Waiving Continued Presence.

(1) In General. A defendant who was initially present at arraignment, or whose appearance at the arraignment was waived under Rule 10, waives the right to be present under the following circumstances :

(A) when the defendant is voluntarily absent during trial, regardless of whether the court informed the defendant that failure to appear after arraignment may be deemed a waiver or forfeiture of the right to be present during the trial and that the trial will continue in the defendant's absence ;
(B) when the defendant is voluntarily absent during sentencing ; or
(C) when the court warns the defendant that it will remove the defendant from the courtroom for disruptive behavior, but the defendant persists in conduct that justifies removal from the courtroom.

Rome Statute

Article 63 Trial in the presence of the accused

1. The accused shall be present during the trial.