Article 321. Participation of the Defendant in a Case Hearing and the Effects of His/Her Failure to Appear
(2) A case may be heard in the absence of the defendant:
1) if the defendant evades appearing in court;
2) if the defendant, being under arrest, refuses to be brought before the court to the case hearing and if his/her refusal is confirmed also by his/her defense counsel;
3) if cases related to commission of minor crimes are examined and the defendant requires that the case is heard in his/her absence.

(3) Should a case be heard in the absence of the defendant, the participation of the defense counsel and, as the case may be, of his/her legal representative shall be mandatory.

(4) The failure of the defendant to appear shall lead to the postponement of the case hearing, except in the cases specified in para. (2).

(5) If the defendant unjustifiably fails to appear at a case hearing, the court shall be entitled to order the summoning by force of the defendant and to apply a preventive measure or to replace it with another measure that would ensure his/her presence, or upon a motion of the prosecutor to order an official search for the defendant. A ruling on an official search for the defendant shall be executed by the home affairs bodies.

(6) The court shall decide on a case hearing in the absence of the defendant for the reasons specified in para. (2) point 1) only if the prosecutor submits sound evidence that the person accused and in whose regard the case was sent to court expressly waived his/her right to appear before the court and to defend himself/herself personally and has evaded criminal investigation and trial.


Article 362. Settling the Issue of Case Trial in Absence of Any Party or Other Persons Summoned
(1) If any of the parties fails to appear at the hearing, the court, hearing the opinions on this issue of the parties present, shall decide whether to continue the hearing in the manner set out in the respective provisions in Chapter I of this Title.

(2) If any witness, expert or specialist legally summoned fails to appear, the court, hearing the opinions on this issue of the parties present, shall decide to continue the hearing and shall take the necessary measures to ensure their presence, if necessary, or shall decide that the person who did not ensure their presence must ensure it at the next hearing.

Article 559^1. Retrial of Persons Tried in Their Absence in Case of Extradition

(2) The criminal proceeding may not be reopened if the convicted person requested to be tried in his/her absence.