Sunday, June 28, 2015

Article 395 of the Criminal Procedural Code


"If the convicted in absentia appears or has arrested before the termination of the established limitation, the President of the Court of Appeal shall set a soonest hearing to review the case; the defendant shall attend the hearing held in custody, and the Court may order his release or detention pending the completion of the proceedings. The default judgment with regards to the penalty or the compensation shall not be abated only in the presence of the convicted during the hearing sessions; in this case the court shall not rule any severer sentences than what was issued in the default judgment.
Should the convicted in absentia fail from attending the hearing set for the review, the issued sentence shall become valid; and If the convicted manage to appear once more before the court prior to the established limitations, the Prosecution shall order to arrest him and the President of the Court of Appeal shall set soonest hearing to review the case; the defendant shall attend the hearing held in custody, and the Court may order his release or detention pending the completion of the proceedings.
If the former judgment has implemented, the court shall order the refund of all or some of the collected funds.

In the event of the death of the convicted in absentia, the sentence shall be passed in the presence of the heirs"


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