PROCEDURE IN CASE OF DEFAULT


Procedure in Case of Default

Art 160-Principle.

(1) The provisions of this Chapter shall apply where the accused fails to appear whether the prosecution is public or private but shall not apply to young offenders.

(2) Where the accused does not appear on the date fixed for the trail and no representative appears satisfactorily to explain his absence, the court shall issue a warrant for his arrest.

(3) Where the warrant cannot be executed, the court shall consider trying the accused in his absence. Where an order to this effect is made the provisions of the following articles shall apply.

Section 1-Failure to appear in public proceedings

Art.161- Conditions for trying accused person in his absence.

(1) Where the accused fails without good cause to appear on the day fixed for the bearing, the court shall record his absence and may direct that he be tried in his absence in accordance with provisions of this Section.

(2) No accused person may be tried in his absence under the provisions of this Section unless he is charged with;

(a) An offence punishable with rigorous imprisonment for not less than twelve years: or

(b) An offence under Art.354-365 penal Code punishable with rigorous imprisonment or fine exceeding five thousand dollars.

Art.162- Publication of summons.

Where the court decides to hear the case in the absence of the accused it shall order the publication of the summons which shall show the date fixed for the hearing. It shall contain a notification to the accused that he will be tried in his absence if he fails to appear.

Art.163. Hearing and judgment.

(1) Where the accused fails to appear after publication of the summons in accordance with Art.162 the case shall continue as in ordinary cases.

(2) The prosecution witnesses shall then be heard and the public prosecutor shall make his final submission.

(3) The court shall give judgment as in ordinary cases.

Art.164- Setting aside of judgment.

An application to set aside the judgment may be made on the conditions laid down in Art.197-202.

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