Mandatory Defense
Article 69

(4) The accused persons who are tried in absence within the meaning of Article 324, paragraph 2 of the present Code shall have a defense attorney as soon as the court renders a decision on the trial in absence.

Maintenance of Order and Imposition of Punishment due to Disruption of Order and Procedural Discipline
Article 321

(2) By a decision of the Panel, the defendant may be removed from the courtroom for a certain period of time, and if s/he has already been examined at the main hearing, than for the whole presentation of evidence. Before the presentation of evidence is completed, the Chair of the Panel shall call in the defendant and inform him/her about the course of the main hearing. If the accused continues to disrupt order and offend the dignity of the court, the Panel may remove him/her again from the courtroom. In such a case, the main hearing shall be concluded in the absence of the defendant, and the judgment shall be communicated to him/her by the Chair of the Panel or by a judge, who is the member of the Panel, in the presence of the court clerk.

Failure of the Defendant to Appear at the Main Hearing and Trying in Absence
Article 324

(2) The defendant may be tried in absence only if s/he is a fugitive or otherwise unavailable to public authorities and if especially important reasons exist for trying him/her, although s/he is absent.

New Trial in Cases the Trial was Conducted in the Accused Person’s Absence
Article 431

(1) The criminal proceedings within which a person has been convicted while absent, pursuant to Article 324, paras. 2 and 3 of the present Code, shall be reopened notwithstanding the requirements prescribed by Article 424 of the present Code if:

1) the convicted person and his/her defense attorney submit a request for the reopening of the proceedings within six months from the day the conditions are met for trial in the presence of the
convicted person or
2) a foreign state approves the issuance of the request provided the proceedings is reopened.

Accused Person’s Failure to Appear
Article 457

If the accused person fails to appear at the main hearing, even though s/he was duly summoned or if the summons could not be delivered to him/her for failure to report to the court his/her change of address or residence, the court may decide that the main hearing be held in his/her absence as well, under the condition that his/her presence is not necessary and that s/he was interrogated beforehand.

Part One
GENERAL PROVISIONS

Chapter VI
DEFENSE ATTORNEY

Cases When the Accused Person Shall Have a Defense Attorney

Article 69
(4) The accused persons which are tried in absence within the meaning of Article 324 paragraph 2 of the present Code shall have a defense attorney as soon as the court renders a decision on the trial in absence.

Part Two
COURSE OF THE PROCEEDINGS

V THE MAIN HEARING AND JUDGMENT

Chapter XXII
THE MAIN HEARING

3. PREREQUISITES FOR HOLDING A MAIN HEARING

Failure of the defendant to appear at the Main Hearing and trying in absence

Article 324
(1) If a duly summoned defendant fails to appear at the main hearing without justifying his/her absence, the Panel shall issue a warrant to bring him/her to the Court by force. If bringing him/her cannot be effected immediately, the Court shall decide not to hold the main hearing and that the accused be brought to the Court by force for the next session. If the defendant justifies his/her absence before being brought to the Court, the Chair of the Panel shall revoke the warrant for apprehension.

(2) The defendant may be tried in absence only if s/he is a fugitive or otherwise unavailable to public authorities and if especially important reasons exist for trying him/her, although s/he is absent.

(3) Upon a motion of the State Prosecutor, the Panel shall render a ruling on the trial in absence of the defendant. The appeal shall not stay the execution of the ruling.