Supreme Court expands trials in absentia for fraud cases

The Supreme Court revised court rules to expand the scope of trials conducted without defendants present, specifically targeting fraud cases where accused individuals skip scheduled hearings.

Under the amended Special Act on Acceleration of Litigation, judges may proceed with trials and issue verdicts if a defendant fails to appear after attending at least one prior session without valid reason. The revision also allows sentencing to occur in absentia if a defendant who attended the closing argument session fails to show up for the scheduled verdict date.

To support these measures, the new rules establish a legal presumption that summonses sent via registered mail are delivered once they reach the defendant's address, even if not physically received. Judges must now confirm a deliverable address during initial questioning and explicitly warn defendants that failure to report address changes or attend future sessions could result in judgment rendered without their testimony.

While capital punishment, life imprisonment, and prison terms exceeding ten years generally remain exempt from absentia trials, the revision creates a specific exception for fraud, computer fraud, and quasi-fraud offenses. These crimes can now be tried in absentia even if they carry sentences longer than ten years, alongside certain designated crimes under the Court Organization Act.

The rules, promulgated and enacted on July 29, 2026, apply to all cases currently pending before courts as well as new filings.