In this article we analyze comparative law on summoning the defendant at the hearing, how to bring the knowledge of the procedural act recipient and conditions of handing the summon to recipient. Also will be highlighted conditions laid down by national law for the decision of the court to be tried in absentia, where the possibility of ruling in absentia and actions to be executed by the court for a decision on trial in absentia person and treat the given situation through the prism of national jurisprudence. There will also be analyzed in terms of the European Convention on Human Rights and the practice field, rights and procedural guarantees to be taken against the defendant absent at trial if the case tried in his absence and conditions reiterated by the Court to adopt a deciding legal by national courts to the case tried in absentia.