Justice in south wollo zone law and practice i suth wollo zone | Page 7

Appearance
After the charge has been filed and observed that the court fix the date of trial and
order the public prosecutor so that the accused to be summoned to appear on the
date and time fixed by the court
. As I observed most of the time the accused appear personally and attend the date
of the trial. However in some circumstances the accused failed to appear in the date
fixed for trial. In such a case the court issue warrant for his arrest. 4
As provided under article 162 and ff of the criminal procedure code if the accused
failed to appear the court may decide to hear the case in the absence of the accused
by giving a notification that he will be tried in his absence. 5 The prosecution
witness shall then be heard and the court give its judgment as in ordinary case.
However the accused can institute an application to set aside the judgment given
by the court in his absence. According to Judge Ayalew Asfaw
“such an application shall be accepted in restricted manner because if the
court accept all applications and set aside the judgment passed in default of
the accused it may create justice delayed and may consume the precious
time of the court”
In the case between public prosecutor and Ato Mohammed Yimam 6 the accused
appear on the date fixed for trial he also attend the date adjourned by the court to
hear witnesses of public prosecutor. However, he failed to appear on other stages
of the trial including the judgment day and the court sentenced him for three years
simple imprisonment in his absence following this Ato Mohammed Yimmam
Ibid
Article
of the criminal procedure code
5 Article 163 0f the criminal procedure code
6 File no. 13680
3
4
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