Trial of the Case in the Defendant's Absence

(1) In criminal proceedings, the examination of a case by the court in the absence of the defendant. In the USSR, trial of the case in the defendant’s absence may be permitted only in exceptional instances expressly provided for by law: when the defendant is outside the USSR and evades appearance in court; or when, in the case of a crime for which punishment in the form of deprivation of freedom cannot be imposed, the defendant petitions for a trial in his absence.

(2) In civil proceeding, the examination of a case in court in the absence of the plaintiff or the defendant or of both. In the USSR, trial in the defendant’s absence may be permitted if a petition is brought before the court by the plaintiff or by the defendant or by both parties requesting the examination of the case in their absence. The court has the right to rule in favor of trial in the defendant’s absence in the event of the nonappearance of both parties without valid reasons after the second summons if the court deems it possible to pass a decision in the case according to available evidence (Code of Civil Procedure of the RSFSR, art. 158; Code of Civil Procedure of the Ukrainian SSR, art. 173).