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RZ7 - The Trial in Absentia Act

Published in Clark #3

WHEREAS, given Talossa's unique nature in that it is all too easy to flee justice, it seems proper that criminal trials should be able to proceed without the defendant's presence;

AND WHEREAS this presents unique problems to ensure that the defendant gets a fair trial;

BE IT ENACTED by the King, Senäts and Cosă in Ziu assembled that the following section be added to El Lexhatx G.6.
 

6.12. Trials in absentia. If the accused or their representative, being properly informed as stipulated by law, fails to respond to or participate in criminal proceedings as set out above, then a Public Defender shall be appointed to act for them. This Public Defender shall exercise all rights granted to the accused by Organic and statute law.

6.12.1. The accused shall have the right at any time during criminal proceedings "in absentia", to dismiss the Public Defender and to take over their own defence. In such a case, the accused may request that any evidence that had been presented in their absence be presented again; where this is not possible, they will be shown records of it and may comment on it.

6.12.2.  Where the case has ended with an enforceable judgment, the convicted party may request a fresh trial within two calendar months of the delivery of the judgment to them. The fresh trial may not lead to an outcome that would be less favorable to the defendant than the outcome of the previous in absentia trial.

59th Cosâ, Clark #3 results		Amendment?	Ziu	Cosâ				Senäts
Bill	Title		Result	Për	Contrâ	Abstain	Result	Për	Contrâ	Abstain	Result
RZ7	The Trial in Absentia Act	No (double majority needed)	Pass	169	31	0	Pass	7	0	1	Pass