The fact of not attending a trial is the breach of a court summons that can be as a witness, defendant or complainant. The consequences of this breach will depend on the condition of the party in the process and what is established by the Law of Criminal Procedure.
When neither party attends a trial, an act is drawn up reflecting the absence and the court declares the lawsuit seen for sentencing. In the event that only one of the parties appears, the trial is held with the party that has come.
What happens if you don't go to trial?
Failure to attend a trial of the parties notified by means of a court summons in compliance with article 440 of the Law of Civil Procedure, has different consequences according to the condition of the party involved.
When the plaintiff does not pay attention to the summons issued by the Lawyer of the Administration of Justice, and the defendant does not show interest in following the process so that a sentence is issued on the merits, an order will be issued and the plaintiff of the demand will be held .
The plaintiff will have to pay the costs incurred and in the event that the defendant appears and requests it and proves it, compensation for damages will also be imposed as a punishment.
When the legal defense of the defendant is not presented at the trial, the Civil Procedure Law decrees the continuity of the procedure. It proceeds to declare it in absentia and it is not summoned again.
Reasons for not appearing in court?
The justified reasons for not appearing at trial are all situations that suppose a real impossibility that does not allow to comply with the judicial summons. Among them we highlight the doctors and force majeure.
The medical reasons may be due to hospitalization or to protect others by having a contagious disease.
Force majeure reasons include the suspension of transportation between the city in which the summoned person is located and the city of appearance.
When these cases are presented, there are justified reasons for not attending the trial, as external causes prevent compliance with the Court's requirements.
Failure to appear at trial without just cause results in the proceeding continuing without that party. The absence in the trial entails serious legal consequences, such as the opportunity to defend your rights and obligations that are being discussed and resolved.
Consequences of not going to court
The consequences of not presenting yourself to a trial as a denounced party, interested party or complainant in the civil, criminal, commercial or administrative sphere, is to lose the opportunity to assert your rights and obligations, it is also to expose yourself to a sentence in case the opposing party confirms the application in dispute.
The consequences of not going to trial as witnesses is that of a fine, which is reflected in the citations and the fine consists of between 200 and 2,000 euros.
What happens if the defendant does not attend the oral trial?
In order to hold an oral trial, it is essential that the defendant be accompanied by his defense attorney. This is in accordance with the provisions of article 786.1 of the Law of Criminal Procedure.
For this reason, during the investigation phase, the accused will be asked to provide an address for the notifications to be sent.
The notices warn that if he does not appear, the trial will take place without him being able to defend his rights in court. The absence of the accused oral trial without justification is not a reason for the suspension of the trial. This will only be done if the court, the judge or the Public Prosecutor deems it essential.
But this regulation only applies to crimes whose sentence does not exceed two years of imprisonment.
What happens with the non-appearance of the plaintiff in an oral trial?
When the absence of the plaintiff occurs in the case of a minor crime whose sentence is less than 2 years of imprisonment.
Failure of the plaintiff to appear will automatically result in the defendant being acquitted. But this does not happen in the case of serious crimes, because the accusation can be maintained by the Public Prosecutor's Office.
The consequences for the non-appearance of the plaintiff at the trial is a sanction consisting of a fine of between 200 and 2000 euros. This is in accordance with the provisions of article 967.2 of the Law of Criminal Procedure.