Whether the opposition had to be treated as withdrawn after the defendant failed to appear at the summoned hearing.
Yes. The summons was valid, the defendant did not appear without a valid excuse, and his explanations did not show that the absence was without fault on his part.
Under Art. 355(2) CPP, a non-appearing opposer who has been duly summoned and does not provide a valid excuse by the hearing date is deemed to have withdrawn the opposition. The appellant admitted losing the summons and failing to request a copy, which excluded restitution under Art. 94 CPP.