Compulsory Appearance

Compulsory Appearance

 

in Soviet criminal procedural law, action taken by organs of the militia to bring the accused, defendant, or suspect to the investigator or person conducting the preliminary investigation when that person, without good reason, fails to appear when summoned. Compulsory appearance of the accused is permitted without a preliminary summons in certain cases, for example, if the accused has hidden from the investigation or does not have a permanent place of residence. A compulsory appearance may be carried out only on the basis of a court order or the order of the investigator or person conducting the preliminary investigation. Witnesses, victims, and experts may also be compelled to appear.

In civil procedural law, compulsory appearance of the defendant is possible only in cases indicated by law; for example, when recovering support for an indigent or disabled spouse or attempting to collect child support. A witness may also be forced to appear if he has failed to appear after the second summons.