Failure of the defendant to appear at the court as a ground for postponement of criminal proceedings: Problem aspects in practice

The non-arrival of the defense attorney during trial is one main grounds for postponement in criminal proceedings. analysis judicial practice made it possible to conclude that absence a at court hearing, if participation mandatory, also fairly common reason annulment decisions and sentences first instance with appointment new connection violation requirements procedural law. At same time, known non-appearance party proceeding does not prevent proceedings only person was properly notified date, time place did provide valid reasons his non-appearance. In view this, question classifying attorney's as legitimate remains difficult one. Criminal legislation leaves resolution specified issue entirely discretion court. exception Art. 138 Procedure Code Ukraine, which establishes list person's summons, but this exhaustive. addition, Bar Council Ukraine adopted decision regarding validity lawyers participate hearings consideration cases, investigative actions other jurisdictional procedures under martial Therefore, important an in-depth study session conduct Ukraine.