NCJ Number
61190
Date Published
1978
Length
46 pages
Annotation
THE WEST GERMAN LAWS REGULATING THE RIGHT AND OBLIGATION OF THE ACCUSED TO BE PRESENT AT HIS TRIAL ARE EXAMINED.
Abstract
ACCORDING TO THE PROVISIONS OF CRIMINAL PROCEDURE, THE ACCUSED HAS THE RIGHT AND OBLIGATION TO BE PRESENT AT THE TRIAL. IN ORDINARY CRIMINAL PROCEEDINGS THE ACCUSED CAN BE EXCLUDED TEMPORARILY FROM THE TRIAL IF HIS PRESENCE MIGHT JEOPARDIZE EITHER THE ASCERTAINMENT OF THE TRUTH, THE WELFARE OF WITNESSES BELOW THE AGE OF 16, OR HIS OWN HEALTH. UNDER CERTAIN CONDITIONS THE TRIAL MAY BE CONDUCTED IN THE ABSENCE OF THE ACCUSED IF HE IS UNFIT TO STAND TRIAL. THE ACCUSED MAY FORFEIT HIS RIGHT TO BEING PRESENT IF (1) HE ABSENTS HIMSELF FROM THE TRIAL WITHOUT PERMISSION, (2) HE DELIBERATELY INDUCES A STATE OF HEALTH WHICH RENDERS HIM INCAPABLE OF STANDING TRIAL, AND (3) HE DISTURBS THE PROCEEDINGS THROUGH IMPROPER CONDUCT. TO ENFORCE THE OBLIGATION TO BE PRESENT, THE COURT HAS THE POWER TO TAKE COERCIVE MEASURES (RIGHT TO DETAIN THE ACCUSED, ORDER FOR COMPULSORY COURT APPEARANCE, WARRANT OF ARREST). IN APPELLATE PROCEEDINGS, THE COURT AUTOMATICALLY REJECTS ANY APPEALS UNLESS THE ACCUSED IS PRESENT. ALTHOUGH JUDGMENTS PASSED IN THE ACCUSED'S ABSENCE BECOME FULLY BINDING LIKE ANY OTHER VERDICT, THE TIME ALLOWED FOR AN APPEAL DOES NOT BEGIN TO RUN UNTIL THE WRITTEN JUDGMENT HAS BEEN DELIVERED TO THE ACCUSED. THE INSISTENCE OF GERMAN LAW ON THE PRESENCE OF THE ACCUSED IS EXCESSIVE AND SHOULD BE REVISED. THE ARTICLE CONTAINS CHARTS AND EXTENSIVE FOOTNOTES AND IS PRECEDED BY AN OUTLINE. DETAILED SUMMARIES IN ENGLISH, FRENCH, AND SPANISH ARE APPENDED. --IN GERMAN. (AUTHOR ABSTRACT MODIFIED--SAJ)