Monitor Prawniczy

no. 8/2014

Absence of the defendant at the appeal hearing

Dariusz Drajewicz
Sędzia Sądu Rejonowego dla Warszawy-Mokotowa w Warszawie.
Abstract

The article discusses the problems of defendant’s absence at a hearing during the appeal proceedings. Two situations have been considered: of a defendant who has been released pending triat and of a defendant kept in custody. Circumstances justifying defendant’s obligatory presence have been discussed and events authorizing the court to hold a trial in that person’s absence have been outlined. Also the legislative changes introduced in this respect by the Act of 27 September 2013 on the amendments to the Code of Criminal Proceedings and certain other acts have been commented.