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Abstract

This study answers the following question: Does the defendant have to attend in person in the court? No doubt that most legislations oblige the defendant to attend in person as long as he/she was informed in advance. However, comparative laws still do not agree wholly on the issue. This is because some laws believe that the defendant should attend in person not as a matter of procedure, but for the necessity of revealing the truth. Modern laws decide penalties on deliberate absence from criminal court's trials. Some laws decide that if he/she is absent, then the decision should read as if it was issued in person. On the other hand, some laws do not allow such court decision for appeal. Finally, defendant should attend in person in crimes or even fines especially if failing to attend is due to bad faith in order to allow room for appeal.

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