Absence
In Germany, if the defendant fails to appear in the criminal proceedings, it must first be checked in the first instance proceedings whether the defendant is sufficiently excused. Without sufficient excuse, the defendant can paraded be or a warrant to so-called. Negotiation detention shall be adopted, § 230 Code of Criminal Procedure . In the case of proceedings before the local court , in which a penalty order is also possible, a penalty order according to § 408a StPO can be issued instead at the request of the public prosecutor ( Kontumaz decision ). A complaint against the presentation and the arrest warrant is permissible as an appeal ; an objection can be lodged against the criminal warrant .
If the main hearing is a proceeding because of an objection to a penalty order, the objection can be discarded because the defendant did not appear in accordance with Section 412 of the Code of Criminal Procedure. Since the penalty order then becomes final, as such only the appeal and, under certain circumstances, reinstatement in the previous state is possible.
If the accused has appealed against the judgment of the local court and does not appear for the appeal hearing before the regional court, the appeal will be rejected according to § 329 StPO. In contrast, reinstatement in the previous state is possible. At the same time, however, the presentation or the arrest warrant can be ordered as in the first instance proceedings.
