1The hearing will take place in closed session, with the obligatory participation of the Prosecutor and defense lawyer of the defendant.

2The Court shall verify that parties are present and shall order the notifications to be repeated if the parties have not been notified or when the notification is dubious or has been declared invalid.

3When the defendant’s defense lawyer is not present, the Court shall decide pursuant to paragraph 5, of Article 49 of this Code.

4In cases when the defendant who is in free state or under precautionary detention in prison, has failed to appear despite having received notification or refuses to appear, the Court shall declare through a decision his absence. In these cases, the defendant shall be considered present, provided that he is represented by his defense lawyer. A defendant shall also be considered present when, after appearing, he/she leaves the hearing or only appears for one hearing and not for the subsequent ones.

5The decision to declare the defendant absent may also be revoked ex officio when the defendant appears.

6In cases when the failure of the defendant to appear for the hearing is the result of a legitimate reason, the Court, even ex officio, shall postpone the hearing and shall order that notifications be repeated.

7les provided for in Article 265 of this Code shall apply.