Whatever the penalty incurred, the accused may, by letter addressed to the president of the court and which will be attached to the record of the proceedings, request to be tried in his absence by being represented during the hearing by his lawyer or by a court-appointed lawyer. These provisions apply regardless of the conditions under which the accused was summoned.
The accused’s lawyer, who may intervene during the debates, is heard in his plea and the accused is then judged adversarially.
If the court deems it necessary for the accused to appear in person, it may adjourn the case to a later hearing by ordering such an appearance. The public prosecutor will then issue a new summons to the accused.
A defendant who does not respond to this new summons may be tried in adversarial proceedings if his lawyer is present and heard. The court may also, where appropriate, after hearing the lawyer’s observations, remit the case again by applying the provisions of article 410-1.
Where the lawyer of the accused who has requested that the provisions of this article be applied is not present during the hearing, the accused shall, unless the case is adjourned, be tried by a judgement contradictoire à signifier.