The Conditions of Absentia Verdict in the First Instance Stage and the Absentia Verdict in the Appeal Stage

The conditions to consider a first instance verdict absentia are mentioned in Article 303 of the Code of Civil Procedure which states the absence in the hearing and the lack of written defense and the lack of actual notification of the notice as conditions for the sentence to be considered in absentia. The expression of article 303 of the Code of Civil Procedure shall be noted and investigated in several ways. Article 364 of the Code of Civil Procedure has also stated the conditions of the absentia verdict in the appeal stage, which are different from the absentia verdict in the first instance stage. The expression of this article also has some notable points that need to be studied and analyzed. The examination of the issue shows that adding the condition of “lack of actual notification” mentioned in Article 303 of the Code of Civil Procedure has created a change in the conditions of a verdict to be considered absentia in the first instance stage and has minimized the instances of an absentia verdict in the this stage. However, the legislator did not include this condition in Article 364 of the Code of Civil Procedure, and this has led to a significant difference between the absentia verdict in the appeal stage and the absentia verdict in the first instance stage.