If the summons has not been delivered to the person of the accused, and if it has not been established that he was aware of the summons, the decision, in the event of the accused’s failure to appear, shall be rendered by default, unless the provisions of Article 411.
In all cases, if a lawyer is present to defend the accused, he must be heard if he so requests. The judgment is then contradictory to be served, unless article 411 has been applied.
In all cases, the court may, if it considers it necessary, adjourn the case to a later hearing, where appropriate applying the provisions of article 410-1.