Check service and summons.
First clarify whether the summons was properly served and which date is affected. This determines whether non-appearance can have consequences.
Appeals
Trial in absentia in Austria: when a criminal judgment can be issued without the accused
Trial in absentia in Austria: summons, non-appearance, judgment without the accused, defence counsel and remedies.
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Mag. Christopher Angerer, Rechtsanwalt
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28 July 2026 · Mag. Christopher Angerer, Rechtsanwalt
A summons to a criminal trial should never be ignored. Under certain conditions, proceedings may continue even if the accused does not appear and service was effective.
For suspects living outside Austria, risks often arise from old addresses, misunderstandings about service or delayed reaction. This post gives general orientation and does not replace review of the concrete file.
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Summons, service and non-appearance →
Clarify file status and counsel role.
If a hearing without personal attendance is possible, the role of counsel and the file status are decisive. Some issues can only be addressed after preparation.
Do not explain without strategy.
Any later explanation for absence should be documented and legally assessed. Vague explanations can make the situation worse.
Check remedies and restoration.
After a judgment without attendance, appeals or restoration may be relevant. Time limits are short and must be checked immediately.
Summons, service and non-appearance
Summons, service and non-appearance
Whether a trial in absentia is permissible depends first on service, content of the summons and type of proceedings. Anyone receiving a summons should check not only the date, but also legal consequences and service address.
Section 427 StPO governs trial in absence under certain conditions. Concrete application depends on the offence, prior proceedings and whether the rights of the accused were protected.
Additional mistakes arise where the person lives abroad. Old addresses, travel, lack of mail authorisation or language issues can mean that a date is noticed too late.
Counsel role, file access and preparation
Counsel role, file access and preparation
If non-appearance is an issue, the file must be checked first. Without file access, it is impossible to assess whether an application, adjournment or other response is useful.
The role of defence counsel is not merely formal. Counsel can present service issues, reasons for absence and evidence applications in an organised way.
Suspects should not send a simple apology without knowing its legal effect. Medical certificates, travel documents or other proof must address the right issue.
Judgment without attendance and later response
Judgment without attendance and later response
If a judgment has already been issued, time limits matter. Appeal, plea of nullity or restoration may be relevant depending on court and procedural status.
The first question is not whether the judgment feels unfair. First check when and how it was served, which instruction on remedies was given and whether a reason for absence can be proven.
From a legal perspective, quick action is decisive. Waiting several weeks often loses options that would still have been open after immediate review.
Overview
Assessing trial in absentia in criminal proceedings
Service, hearing date and remedies must be considered together.
| Level | Überblick | Key question |
|---|---|---|
| Summons | effective service | When and where was service made? |
| Date | non-appearance | Can a reason for absence be proven? |
| Hearing | representation and rights | Were defence rights protected? |
| Response | remedy or restoration | Which time limit is running now? |
Process
Four steps after a missed trial date.
After a missed date, every time limit matters.
- 011immediately011immediately
Check summons
Establish service and date.
- 022early022early
Read file
Clarify allegation and status.
- 033before statement033before statement
Prove reason
Document reason for absence.
- 044before deadline044before deadline
Secure remedy
Check time limit and application now.
Important: Do not wait after a missed hearing. Service, remedy instruction and start of the time limit must be checked immediately.
FAQ
Trial in absentia in Austria: key questions.
Can a trial happen without me? +
Under certain conditions, yes. Service, type of proceedings, prior course and defence rights are decisive.
What if a judgment already exists? +
First check service, time limit and remedy instruction. Then assess whether an appeal or restoration is possible.
Is this post advice in an individual case? +
No. It provides general information. The concrete assessment depends on the file, allegation and evidence.
Related topics
You might also be interested in
Austrian penal order
Further guidance on classification and the next step.
Main trial in criminal proceedings
Further guidance on classification and the next step.
Appeal against a criminal judgment
Further guidance on classification and the next step.
Restoration after a missed deadline
Further guidance on classification and the next step.
Legal remedies topic overview
Further guidance on the relevant topic page.
Topics
trial in absentiacriminal proceedingssummonsmain trialremediesaccused
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