SECTION 350

(1) Notwithstanding the provisions of section 349: (a) an accused summoned for an offence punishable with a fine or with a term of imprisonment equal to or less than two years may by letter , apply to be tried in absentia, this letter shall be filed in the case file. Where he has counsel, his counsel shall be given the right of audience and, in both cases, the judgment delivered shall be considered as delivered after full hearing; (b) if the court considers that the personal appearance of accused is necessary, it shall so order by an interlocutory ruling and fix a new date for the hearing which shall be notified to him at the instance of the Legal Department; (c) if he fails to appear that date, the judgment delivered shall be considered as delivered after full hearing. (2) A judgment shall also be considered as having been delivered after full hearing, where the accused has appeared at a hearing even if he no longer appears at successive adjourned hearings.