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RIGHTS OF THE ACCUSED - Coggle Diagram
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4. PRESENCE DURING TRIAL
The right to be present at the trial
- "To be present" by themselves or by their attorneys
- Includes the right be given reasonable notice of the time fixed for the trial
Express Waiver of the right
- The accused may waive his presence at the trial pursuant to the stipulations set forth in his bail
- UNLESS: His presence is required or specifically ordered by the court
Stages when the Accused is required to be present
(1) At the arraignment
(2) At the promulgation of judgment, except when the conviction is for a light offense or unless promulgation in absentia is allowed
(3) When the prosecution intends to present witnesses who will identify the accused
Exception for appearance for the purpose of identification of the Accused
- When the Accused unqualifiedly admits in open court after his arraignment that he is the person named as defendant in the case on trial
Implied Waiver of the right
- Absence without justifiable cause:
(1) If in custody -- waiver of right to be present for the trial set for the particular date of which he had notice
(2) If in custody but later escapes -- waiver on all subsequent trial dates until custody is regained
(3) If he escapes from confinement during trial and after arraignment and so the trial in absentia proceeded and judgment was promulgated -- he cannot avail of the right unless he voluntarily submits to the jurisdiction of the court or is arrested
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