Unauthorized absence

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Unauthorized absence is not authorized by superiors and not due to compelling reasons such as hospitalization forcing a no-show for court summons, military and community service .

Military service

In the military, unauthorized absence is the unjustified or unlawful removal from the troops with the intention of temporarily evading military or military service . It represents the most common form of offense against the Military Criminal Law (WStG).

Community service

Unauthorized absence is also the most common form of offense for people doing community service.

Section 52 ZDG : Anyone who voluntarily leaves or stays away from community service and is intentionally or negligently absent for more than three full calendar days is punished with a prison sentence of up to three years.

Court subpoenas

Section 231 StPO : (1) The accused who appears may not withdraw from the hearing. The chairman can take the appropriate measures to prevent the removal; he can also have the accused held in custody while the trial is interrupted.

(2) If the defendant leaves or fails to continue an interrupted main hearing, this can be brought to an end in his absence if he has already been heard about the indictment and the court does not consider his further presence to be necessary.

Since the absent defendant cannot be tried, coercive measures such as a demonstration , detention or the issue of a penalty order, if a fine is possible, are possible.