“no the person did not appear in person at the trial resulting in the decision.
(…)the person was not summoned in person but by other means actually received official information of the scheduled date and place of the trial which resulted in the decision, in such a manner that it was unequivocally established that he was aware of the scheduled trial, and was informed that a decision may be handed down if he does not appear for the trial.- being aware of the scheduled trial, the person had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial.
(…)
[opgeëiste persoon] did not appear at the appeal trial scheduled for 2 March 2023 and the preceding trial on 1 December 2022, despite having been duly notified of the date. He was notified at the address he had provided during the proceedings in the subject criminal case: [adres]. Both summonses were received at this address by bis wife, [persoon 1] .
The legal counsellor of the defendant's choice, Advocate, Beata Gapinska - Rambalska, who actually represented him at the trial and also submitted a response to the appeal of the auxiliary prosecutor's representative, Marcin Cerkowniak - Advocate of [persoon 2] , and requested that additional evidence be taken by the Court of Appeal, namely the questioning of the defendant's wife, [persoon 1] , as a witness, and evidence from documents submitted by the lawyer. This led to an additional appeal trial being scheduled for 2 March 2023, at which the defendant's wife, [persoon 1] , was summoned and questioned as a witness. The court of second instance upheld the contested judgment, finding the appeal to be completely unfounded.
(…)
The sentenced person, [opgeëiste persoon] , was fully aware of the ongoing appeal proceedings, as on 29 November 2022 he submitted a request dated 28 November 2022 by email to exclude from the panel of judges one of the judges hearing the case in the appeal proceedings. The scan of the request was signed by the sentenced person by hand and included the address to which all correspondence for the sentenced person was sent. The Court of Appeal in Szczecin, in its decision of 1 December 2022, ref. 110. II AKo 175/22, dismissed this request as unfounded.”