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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 чл. 422Non-appearance of appellant.

Sub-title III

В силаОфициален текст

(1) If, on any day appointed for the hearing of the appeal, the appellant fails to appear, his appeal shall be taken to have been abandoned and the judgment appealed from shall be carried into effect; but on an application by the appellant, filed within eight days from the day above-mentioned, together with a declaration sworn before the registrar by the appellant to the effect that he was, on account of illness or for any other reason independent of his will, to be expressly stated in the application, unable to attend on the day appointed as aforesaid, the court shall appoint another day for the hearing of the appeal, in which case the provisions of sub-articles (1) and (2) of the last preceding article shall apply:

Provided that the court may, in exceptional circumstances, appoint another day for the hearing of the appeal even where the application is filed after the term mentioned in sub-article (1) has lapsed.

(2) If the respondent fails to appear, the court shall hear the appellant, and shall deliver judgment according to law.

(3) Where the appellant was on bail as provided in article 416(1A) and (3) prior to the abandonment of the appeal, his request for temporary release from custody may be made in the same application mentioned in sub-article (1).

История на изменения
  • Amended by III.2022.4