RIGHT TO BE PRESENT IN TRIAL

Category: Criminal Procedure

RIGHT TO BE PRESENT IN TRIAL

WHAT ARE THE REQUISITES OF A VALID TRIAL IN ABSENTIA?

1.    The accused has been already arraigned  
2.    He has been duly notified of the trial
3.    He fails to appear at the trial but his non-appearance at the trial is unjustifiable 

CAN THE RIGHT TO BE PRESENT BE WAIVED?

> Yes, except in the following situations where the presence of the accused at the trial is required
1.    During arraignment
2.    During  promulgation  of  judgment,  except  if  it  is  for  a  light offense
3.    When the presence of the accused at the trial is required for purposes  of  identification,  unless  he  admits  beforehand  that he is the same person charged