What happens if the accused fails to appear in court during a criminal case? Can the court make a decision in absentia, and what consequences will this have for the accused?
What happens if the accused fails to appear in court during a criminal case? Can the court make a decision in absentia, and what consequences will this have for the accused?
If the accused, to whom a preventive measure in the form of detention has not been applied, does not appear at the court hearing as summoned:
the court postpones the trial and sets a date for a new hearing;
takes measures to ensure his arrival in court.
The court also has the right to issue a ruling on the appearance of the accused and/or a ruling on the imposition of a monetary penalty on him in accordance with the procedure provided for in Chapters 11 and 12 of the CPC.
Trial in criminal proceedings for crimes specified in part two of Article 2971 of the CPC may be conducted in the absence of the accused (in absentia), except for a minor who is hiding from the investigative bodies and the court in the temporarily occupied territory of Ukraine, in the territory of a state recognized by the Verkhovna Rada of Ukraine as an aggressor state, in order to evade criminal liability (special judicial proceedings) and/or is declared an international wanted person.
In the presence of such circumstances, upon the request of the prosecutor, to which are attached materials stating that the accused knew or should have known about the initiated criminal proceedings, the court shall issue a ruling on the conduct of special judicial proceedings in respect of such accused.
If there are several defendants in the case, the court shall issue a ruling only in respect of those defendants for whom there are circumstances for special judicial proceedings.