Georgia,
both special criminal confiscation and civil confiscation can be
applied as a result of criminal trial
in absentia
at the same extent as if they would be applied upon conviction
of a person as a result of ordinary criminal proceeding both upon trial on the merits and on the basis of
procedural agreement. Similar situation will be taking place under legislation of
Ukraine
as well with the
only difference that possibility of a trial
in absentia
and conviction are stipulated for some corruption cases,
exhaustive list of which is provided in the note to Article 45 of the Criminal Code of Ukraine.
The Criminal Procedure Code of
Montenegro
also allows possibility of holding trial
in absentia
, conviction
of a person under such trial
in absentia
, as well as application of various types of confiscation (special and
extended) upon the results thereof. According to Article 324 of the Criminal Procedure Code of Montenegro,
trial
in absentia
against the accused person in his or her absence can be applied only in case if he or she
escaped or by other reasons is out of reach by competent authorities, and there are particular strong reasons
for conducting the proceeding in a specified order. Decision on a trial
in absentia
is made by court based on
the request of a prosecutor.
Similar grounds for a trial
in absentia
are established by Article 402 of the Criminal Procedure Code of
Croatia
, according to which trial can be held against the accused person in his or her absentia only on the
basis of particular strong reasons for bringing him or her to trial, and if it is impossible to bring person to
trial overseas or extradite, or if the person absconds or is out of reach by state authorities.
In
Slovenia
, criminal confiscation of assets is possible in a context of a procedure stipulated by Articles 498
and 498a, which is described in the section above, and could be described more as a trial
in absentia
without
conviction of the person. According to the legislation of
Serbia
, for a trial
in absentia
, it is important for the
notices to be sent, and for a person to be informed of the fact of such proceeding, and the notice shall include
reservations that trial in case of absence will still be held even in his or her absentia.
Under the legislation of
Estonia
, court proceedings are allowed
in absentia
of the accused person,
particularly, if his or her location is not identified, there are reasonable grounds to assume that he or she is
outside the country and evading court proceeding, as well as reasonable efforts have been taken to identify
his or her location and court trial in his or her absentia is possible (paragraph 2 of Article 269 of the Criminal
Procedure Code). Such court proceeding is possible for corruption and money laundering cases as well with
application of types of confiscation stipulated by law.
In accordance with Article 465 of the Criminal Procedure Code of
Latvia,
court can hold trial
in absentia
of
a person accused in crime if he or she is located in other country, his or her location is not known or his or
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