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(10) If the public prosecutor was not present at the trial (Article 445 paragraph 1), theaggrieved is entitles to appeal against the judgement, irrespective of whether the publicprosecutor is also appealing.Article 447(1) Before scheduling a trial for criminal offences prosecuted by private prosecution, thejudge may summon only the private prosecutor and the suspect to the court on aspecified date for the purpose of preliminary clarification of the matter, if he considers itappropriate for more rapid completion of the proceedings. To the suspect’s summonsshall be attached a copy of the private prosecution.(2) If there is no settlement between the private prosecutor and the suspect and awithdrawal of the private prosecution, the judge shall take statements from them andinvite them to make proposals in connection with the procurement of evidence.(3) If the judge does not find that conditions exist for dismissing the prosecution, he shallrender a decision on the evidence to be adduced at the trial and as a rule immediatelyschedule a trial and inform the parties.(4) If the judge considers that presentation of evidence is not necessary, and there areno other reasons for scheduling a trial on a specific date, he may open the trialimmediately and on adducing evidence which is before the court render a decision inconnection with the private prosecution. The private prosecutor and the suspect shall beexplicitly advised about this during service of the summons.(5) The provision of Article 59 of this Code shall be applied to private prosecutors failingto appear after being duly summoned.(6) If the accused fails to appear and the judge has decided to open the trial, theprovision of Article 445 paragraph 3 of this Code shall apply.Article 448(1) When a court of second instance rules on an appeal against a judgementpronouncing a prison sentence rendered in summary proceedings, the parties and thedefence counsel of the accused within the meaning of Article 374 paragraph 2 andArticle 375 paragraph 1 of this Code shall be notified about the chamber session, and inother cases, only if the president of the chamber or the chamber finds that the presenceof the parties would be of benefit for clarification of the matter.(2) If a criminal offence prosecuted on a request of the public prosecutor is concerned,before the session of the chamber the president of the chamber shall deliver the file tothe public prosecutor, who may submit a written motion.Chapter XXVIIPROCEDURES OF IMPOSING CRIMINAL SANCTIONSWITHOUT A TRIAL