35That is borne out by recital 35 of Directive 2016/343, which states that the person concerned may, expressly or tacitly, but unequivocally, waive the right to be present at the trial. That recital, which enables the context of the conditions laid down in Article 8(2) of the directive to be understood, makes it clear that, whilst it is true that the right to be present at the trial is not absolute, the possibility of conducting a trial in absentia without there being any need to organise subsequently a new trial at the request of the person concerned remains nevertheless limited to situations in which that person has, of his or her own free will, unequivocally refrained from being present at his or her trial.
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