Can the Defendant Appeal if Absent from the Court Hearing?

I am the defendant in a debt collection lawsuit. Recently, the Court conducted the first-instance trial, but I submitted a request to be tried in absentia. Therefore, I would like to ask if I have the right to appeal the judgment if I was absent? If so, how is the appeal period calculated?

Article 271 of the 2015 Civil Procedure Code stipulates the following individuals have the right to appeal:

- The litigants, lawful representatives of the litigants, agencies, organizations, and individuals initiating the lawsuit have the right to appeal the first-instance judgment, the decision to temporarily suspend the resolution of the civil case, the decision to suspend the resolution of the civil case made by the First Instance Court in order to request the Appellate Court to handle it again according to appellate procedures.

In addition, Article 273 of the 2015 Civil Procedure Code also prescribes the time limit for lodging an appeal as follows:

- The time limit for appealing the judgment of the First Instance Court is 15 days from the date of judgment announcement; for the litigants, representatives of agencies, organizations, or individuals initiating the lawsuit who were not present at the trial or were not present when the judgment was announced for legitimate reasons, the time limit for appeal is calculated from the date they receive the judgment or the judgment is posted up.For cases where the litigants, representatives of agencies, organizations, or individuals initiating the lawsuit attended the trial but were absent when the Court announced the judgment without a legitimate reason, the time limit for appealing is calculated from the date of judgment announcement.

=> Therefore, in the case where you are the defendant absent at the trial, you still have the right to appeal the first-instance judgment. The time limit for appealing is 15 days from the date you receive the judgment or the judgment is posted up.

The above is our comprehensive response to your question.

Respectfully!

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