What are the consequences of ignoring the court summons?
Before this, the agents played an important role in the proceedings by delivering the summons to the addressee and reporting it to the prosecutor’s office or the court, but with the approval of Article 7 of the regulation on the provision of electronic judicial services, the head of the judiciary is required to notify the petition and its annexes, or to notify any order and judicial order. It has made it possible for the relevant audiences to be sent electronically, and accordingly, if there is no access to the email address and mobile phone number, the notification and summons will be done physically.
Article 655 of the Criminal Procedure Law states: In any case, according to the procedural rules and other relevant laws and regulations, both legal and criminal, documents, documents, writings, executive papers, voting papers, signatures, fingerprints, serving judicial documents , address and the like, it is necessary that the electronic form or its electronic content, as the case may be, is sufficient and valid by observing the security mechanisms mentioned in the articles of this law and its notes.
But what will be discussed in this report is related to the inattention of some citizens towards these summonses. In general, many citizens are not familiar with the process of serving a summons and the result of ignoring it. Necessary explanations about the crime in question are provided by the judicial authority. Therefore, although when discussing the summons, the mind is often focused on the summons, but at the discretion of the judicial authority, it can request the presence of the plaintiff, witnesses and even people such as experts to complete the investigation.
#Summoning_the_accused
A person who is considered to have committed a crime but has not yet been charged with a crime is called an accused. After the evidence of the crime is collected, it is time to prosecute the accused, which starts with summoning him.
#Conditions_of_getting_the_accused
There are conditions for issuing an order to bring the accused, if all of them are present, this will be done:
1. The accused has been summoned
2. The summons has been served on the accused
3. The summons has been served correctly
4. The accused has not appeared
5. The accused has not declared a justified excuse for not appearing
Basically, the consequences of ignoring the order of the judicial authority are stated in the summons. These consequences differ according to the status of the summoned person. If the person summoned is the accused, usually the result of not appearing will be his arrest. Of course, these cases are foreseen in the law
Article 178 of the Criminal Procedure Law, the accused is obliged to appear at the appointed time, and if he is unable to do so, he must declare his justified excuse. The following reasons are considered valid excuses:
A- The non-arrival or late arrival of the summons in such a way as to prevent attendance.
B- Illness of the accused and serious illness of his parents, wife or children that prevent him from attending.
C- Spouse or one of the relatives up to the third degree from the second degree dies.
T- Suffering from major accidents such as infectious diseases and forced accidents such as floods and earthquakes that make traffic impossible.
D- The accused is in detention or imprisonment.
C- Other cases that are usually considered as excuses at the discretion of the investigator.
Note – In other cases, the accused can inform the investigator about the reason for his non-appearance once before the appointed time and take his consent. extend the deadline.
Article 179- The accused who does not appear without a valid excuse or does not announce his valid excuse, will be summoned by the order of the investigator.
Note- If the summons has been legally served and the investigator suspects that the accused has not been informed of the summons, he will summon him only once more.
This post is written by None