In het EAB
During the trial the convicted person was legally summoned to the address of [plaats] municipality, [adres], [plaats] county, address given in the course of criminal proceedings. The proof of receipt of the summons for the trial date of 16.02.2022 was handed over on 16.12.2021 to [persoon], the person who lives with the defendant.
For the trial date of 16.02.2022, the defendant has made a request for postponement on the grounds that she has recently given birth and cannot move to the country yet, an aspect that is confirmed by the documents in the file, given that she was pregnant during the criminal proceedings. The request for postponement was sent to the email address of the [plaats] Court on 7.02.2022. At the trial date of 13.04.2022, the defendant was absent from the trial.
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The court granted a new trial date on 15.06.2022 and ordered the defendant to be summoned with a warrant and by email. On 27.04.2022 she was notified of her status as defendant and the date of the trial in the present case was communicated to her by email [mailadres]. From the minutes of the arrest warrant issued in the name of the defendant, it appears that no one answered at her home address in [plaats]. Given the absence of the defendant at the court terms granted, although attempts were made to contact her, contact was made at the previous terms but she refused to appear before the court, the court considers that sufficient steps were taken to ensure her presence, which is why it postponed the judgment to 13.10.2022 so that by criminal sentence no. 1265/2022 it ordered the sentence of 1 year and 8 months in detention.
Bij brief van 21 juni 2023:
1.The summoning to attend the trial hearing was sent to the address in [adres] which she communicated during the criminal proceedings on 30.09.2021/6.10.2021 when she gave a statement as a suspect and defendant. On 7.02.2022, by email [mailadres], she requested a new trial hearing, as she was unable to appear for the date set for 16.02.2022. In view of her absence, the court informs her that a new trial hearing has been granted in this case (15.06.2022). The communication on the new trial hearing was sent on 27.04.2022 to the email address indicated above.
2. The convicted person was informed at the time of giving her statement on 30.09.2021/6.10.2021 as a suspect/defendant, of any change of address to the effect that she is obliged to communicate in writing within 3 days any change of address and she was made aware of the tact that in case of failure to comply with this obligation, the summons and any other documents communicated to the first address shall remain valid and shall be deemed to have been taken cognizance of, as well as of the consequences of failure to comply with this obligation in the sense that a warrant of apprehension may be issued against her, and in case of evasion, the judge may order that she be place in remand custody, according to the provisions of S. 108 /2) of the Code of Criminal Procedure.