The Article 398 appeal or cross-appeal is deemed to have been withdrawn if the party that has filed it:
fails without excuse to attend or to arrange to be represented at the oral appeal hearing;
fails to file any written submissions; or
cannot be summoned.
If the public prosecutor or the private claimant has filed an Article 398 appeal against the verdict or the sentence and the accused fails without excuse to attend the hearing, so proceedings in absentia shall be held.
If the private claimant has limited his or her Article 398 appeal to the civil aspect and the accused fails without excuse to attend the hearing, the court for Article 398 appeals shall decide as on the basis of the findings made in the trial before the court of first instance and the other files.