Warrant in Absentia
Article 217 - All crimes regarding public rights and public order that do not have a divine component, and if the accused or his or her attorney do not appear in any of the trial sessions nor have they submitted any bill, the court will issue a warrant in absentia. This sentence can be protested within 10 days in the issuing court, and once it expires, it can be reviewed as per the codes of the Appeal Court.
Note 1- The warrants in absentia that are not protested within the deadline, will be executed after the expiration of the protest date. If the issued sentence is legally communicated, the convicted person can nonetheless protest to the issuing court within 10 days from the date it was communicated. In this case, the court will suspend the execution of the sentence temporarily and can consider a bail or review of the existing bail if deemed appropriate.
Note 2 – In crimes that have a divine aspect and the contents of the file do not prove that the accused is guilty, and it is not necessary to investigate the accused, the court can issue an acquittal warrant in absentia.
Article 218 – The court will review the case immediately after receiving the protest and will review the reasons and defenses of the convicted person. If the reasons do not affect the sentence, the court will approve it and if they affect the sentence or if there is a need for further investigation of the documents and the defense, the court will set a date to call the parties for a review. In that case, the absence of the complainant or the private plaintiff does not prevent the investigation.
