When the case is referred to the court pursuant to articles 395 and 396, third paragraph, the presiding judge establishes the identity of the accused, his lawyer having been notified. He warns the accused that he may only be tried on the same day with his agreement; however, this agreement may only be obtained in the presence of his lawyer or, if the latter is not present, a lawyer appointed ex officio at his request by the President of the Bar.
If the accused consents to being tried in person, this shall be stated in the notes for the hearing.