In short
If the complainant does not go to the hearing, the public case does not fall by itself. Absence is not the same result as the defendant's absence. The result is read from the capacity on the paper of the summons. In an offence that depends on a complaint, if a summons in accordance with the procedure writes that the absence may be assessed like a withdrawal, the court may take that warning and the absence together. This taking does not give rise to the same judgment in every file. Not entering the room does not stand in for the sentence "I withdrew". An earlier statement is not erased by one absence.
The capacity on the paper of the summons
A paper that notifies the day of the hearing and a witness summons are not the same result. In one, the complainant or the intervening party is informed of the hearing. In the other, the person is called in the capacity of a witness. The result of the absence is not said before the line of capacity is read. The general separation of the capacities is in the writing how the rights of the person harmed are used. Here only the nature of the summons to the hearing stands. If the paper writes complainant, a sanction of a witness is not produced from this line. If the paper writes witness, it is not read as if the complainant had been informed.
The court, the file number, the day and the hour stand on the paper. If one of these is missing, the one that is missing is not completed from this page. Oral news of "come today" is not put in the place of the service. The annotation of service shows the day the paper reached you. If there is no annotation, the day of arrival is not written by a guess. The sanction of a witness summons is not written in this text as a number. The number is looked for separately on the paper and in the statute. If the summons carries a warning of being brought by force, the warning is read from that paper. If there is no warning, this page does not add a warning.
An invitation made to a mediation meeting is not a summons to a hearing. The working of mediation is in the writing what mediation is. Absence at the mediation office is not tied to the same sentence as absence at the criminal court. Even if the two papers fall in the same week, the authority, the capacity and the result are separate. One is not counted as the excuse of the other. Each is answered to the authority on its own paper.
Absence is not a sentence of withdrawal
Withdrawal of the complaint is an open declaration of will. It is written from which act and from which person the withdrawal is. Not entering the room does not stand in for this declaration. The falling of the case depends on the prosecution of the offence depending on a complaint, and on the procedure of the withdrawal. Absence does not complete these two conditions by itself. A claim of falling is built, if there is one, from the minute of withdrawal and from the character of the offence. Absence is not a sentence of judgment by itself.
In an offence that depends on a complaint, the summons may write openly that if the person does not come they will be treated as having withdrawn the complaint. If there is such a warning, the court looks at whether the warning was served and whether the absence was without excuse. Looking does not mean that a decision of falling will be given in every file. If the sentence of the warning is not on the paper, this page does not add that sentence. In an offence prosecuted of the court's own motion, the same absence does not open the talk of falling that belongs to an offence that depends on a complaint. The public case is not tied in the same form to the complainant's chair. The prosecutor's office may continue its claim. The complainant not coming does not mean that the claim was taken back.
The minute of the hearing writes who was present that day. If your name is not in the minute, your absence is read from that minute. If the minute is not yet in your hand, the result is not guessed. It is asked from the registry or from the file record whether the hearing was adjourned and whether a decision was written about the absence. If there is no decision, the absence is not recounted as if there were a decision. If a new day was given, the new day is read from that decision or from the new summons. This page does not produce a new day.
An earlier statement is not erased by one absence
A statement taken at the police, at the prosecutor's office or at an earlier hearing is not erased by itself because one hearing was not attended. A statement that was not taken that day is not treated as having been built that day. Whether the earlier minute will be read at the hearing stays with the court's step. Its being read is not a new statement you said in the room that day. Its not being read does not mean that the old minute was taken out of the file either. This text does not close as the statement falls, and it does not close as the statement stands.
A conflict inside the statement is a subject separate from the absence. If there is a conflict, the court sees the old text and the new account in the file. You do not add a sentence later onto the old minute. If a correction is needed, the correction is made as a new statement, and by stating which sentence was corrected. You do not fill a place you do not remember by a guess in order to complete the gap in the old minute. Saying you do not know is sounder than a detail that is invented. This page does not prepare which sentence you will build at the hearing.
If there is the capacity of an intervening party, the frame of the word changes. Intervention is not a result the complaint gives rise to by itself. A request and the court's acceptance are needed. That request is in the writing intervention in the public case. The absence of the intervening party is read from the record on the summons. If there is no record, the result is not completed from this page. Being an intervening party does not erase the earlier statement even if the room is not entered that day.
An excuse is a separate will
If there is an obstacle, the excuse is written to the court that gave the hearing, with the document in hand. If there is a report of illness, a record of travel, or a piece of service that shows the summons arrived late, the document is added. If there is no document, it is said that there is none. A petition of excuse is not a petition of withdrawal of the complaint. Writing the two on the same page with the same sentence mixes the will. If an excuse will be written, the obstacle and the document are written. If a withdrawal will be written, the act and the person are written openly. If you do not want both, the sentence you do not want is not put on the paper.
The period is read from the text on the service. A day is not added by heart. If it can be written before the day of the hearing, the excuse is given so that it reaches the court's hand before that day. If the day has passed, that it has passed is not hidden. A petition that is late carries on which day it was given. Being late does not mean that the excuse will be accepted. Acceptance is the court's work.
The attorney being in the room is not turned into a promise that solves the complainant's absence by itself. The power of attorney and the summons are read together. If the summons says to come in person, the attorney's presence does not erase the text of that warning. If the power of attorney is not in the file, the attorney is not treated as having spoken in your name. The power of attorney does not stand in for the decision of intervention either. The two papers are separate.
A call for a statement in the investigation stage is not this paper of the hearing. The course of that stage is in the writing how a prosecutor's investigation works. Not going to the invitation of the investigation is not tied to the same result as not going to the hearing of the prosecution. The authority, the date and the capacity of each paper are read from its own text. Participation by sound or by image comes onto the agenda only if the summons or a court decision shows this path. If there is no decision, this page does not write that path as if it were there.
The defendant not coming is a separate regime
The defendant being present at the hearing, and a hearing in their absence, look at other rules. Those rules are not written step by step here. The complainant and the defendant are not joined in the same result. The complainant not coming does not mean that a judgment was built about the defendant or that an acquittal was given. The judgment is not guessed from this absence. The defendant not coming either does not drop the complainant's complaint by itself. The two absences appear separately in the minute. One is not the excuse of the other.
A judgment is not built from this page without a hearing being held. The complainant's chair staying empty does not prove the truth or the wrongness of the claim. The court assesses together the evidence in the file and the absence of that day. The direction of the assessment is not promised in advance. You cannot count the absence as a petition of a legal remedy because you did not like the judgment. A legal remedy is spoken of separately if the capacity of intervening party and the annotation of service stand. The period is read from the annotation. A day is not written on this page.
Three lines are read before entering the room
If the name of the court, the day of the hearing and your capacity do not stand on the same page, the missing page is looked for. If there is no missing page, it is said that there is none. The day is not completed from someone else's word on the telephone. The file number does not have to be the same as the complaint number. If there are two numbers, the file on the paper of the hearing is written. Entering the room with the wrong file does not mean that you were present in the right file. Identity, the summons and, if there is one, the document of excuse are taken together. If the document of excuse is after the day of the hearing, on which day it was drawn up is not hidden. If the document does not write that the complaint was withdrawn, it is not presented as a withdrawal.
If the hearing spread over more than one day, the minute of each day is separate. Not going to one day does not erase the statement of the other day. If there is a new summons for the other day, that summons is read from its own annotation. If there is no summons, the day is not added from this page. If an interim decision wrote your absence, the line is read as whatever it says. If the line does not write a falling, it is not recounted as if there were a falling. If the line writes an adjournment, the new day is read from that line or from the later summons.
Conclusion
If the complainant does not go to the hearing, the capacity on the paper of the summons, and the warning of absence if there is one, are read first. Absence is not the defendant's absence, and it is not a sentence of withdrawal. The earlier statement is not erased by itself. An excuse is not written like a petition of withdrawal. A promise that the case falls is not built. The frame is on the page criminal law. There is a contact path for a file in which the paper of the summons stands. The basis is the text of Criminal Procedure Law No. 5271.