首先，我國刑事訴訟法為保障被告之對質詰問權，乃賦予被告到庭權，然而實務上仍常見被告於審判程序開始時雖曾經到庭，但嗣後於審判程序進行中經合法傳喚而未到庭（包含被告自願放棄到庭或無故未到庭）之情形。對此，我國實務上向來之作法通常係將被告拘提到庭後再進行審判程序，如拘提無著時，則先停止（中止）審判程序，待將來被告通緝到案後再另啟審判程序。惟實務運作之結果，一方面不僅造成刑事案件的懸而未決，導致延滯訴訟，亦造成國家寶貴司法資源之浪費；另一方面亦使得被害人之損害無法適時的予以填補，反而增加國民對國家司法的不信任感，甚至影響社會的穩定及適時且有效（率）的實現刑法懲罰犯罪、預防犯罪及保護法益（即保護無辜）之目的。因此，如何能有效（率）的使得法院能在被告未到庭時仍得進行審判程序，對我國而言，實有其探討之必要性。其次，為了因應數位科技時代的來臨，司法院及法務部近年來均不無積極地推動司法卷證電子化與法庭數位科技化（E-Court），以強化減紙便民效益、提升審判品質、效率及司法透明度之目的。且參見目前一、二審法院及檢察署均已設有遠距視訊法庭，並廣泛地運用在如：對證人及鑑定人之訊問（含對質詰問）；於準備程序中，訊問被告；對在監押被告為關於撤銷羈押、具保停止羈押或延長羈押之訊問；經在監押之被告同意之宣示判決；公設辯護人接見在監押之被告等等之我國刑事訴訟程序中。然而，有問題的是，被告得否以視訊方式代替到庭進行審判程序，此涉及我國刑事訴訟法第 281 條所稱之「到庭」意義在解釋上究竟能否涵攝被告以視訊方式代替到庭在內？亦頗值得探討。本文試著從自己參與公訴蒞庭的經驗及觀察所得，復討論美國法有關被告未到庭之審判程序及被告以視訊方式代替到庭進行審判程序等之相關規定或實務見解。最後，期待藉由本文，能對我國在討論有關上開之議題時，有所助益，並供我國實務運作及將來立法者修正刑事訴訟法時之參考。

First, Republic of China (Taiwan), the Code of Criminal Procedure in order to protect the defendant's right to confront or examine witnesses or evidence against him or her, the defendant is given the right to be physically present. While it is still common that the defendant who was in itially present at trial and voluntarily absent after the trial has begun. In our country’s criminal just icepractical, when the defendant who without good reason fails to present in court after he or she has been legally summoned, may be arrested with a warrant, and that if the defendant has absconded or is in hiding, a circular order may be issued for his or her arrest. And therefore, the trial shall be suspended until the defendant was arrested and brought to court. As a consequence, on the one handnot only cause pending criminal cases, resulting in delay proceedings, but waste dvaluable judicial resources of the country. On the other handal somakes it impossible to timely compensation the crime victim for property or non-property damages, impacts national confidence in the justice, and even affects social stability and efficient implementation of Criminal Code of the Republic of China (Taiwan) purposes to punish offenders, prevention of crimeand the protection of legal interests (ie, to protect the innocent). So how can effectively allows court to trial in the defendant's absence, for our country, there is a worthy of being discussed. Second, in order to respond to the advent of digital technology era, Republic of China (Taiwan), the Judicial Yuan and the Ministry of Justice have no exception actively promoting electronic filing and evidence as well as the tribunal sembraced new technologies or digital technologies (E-Court) in recent years. For the sake of streng then reduction in paper, convenience national access to the court, enhance the quality and efficiency of trial as well astrans parency in Judicial. See the current district court and high court or prosecutor's office have been provided with video teleconference (remote video court) and widely used in such as: interrogation the defendant in the preliminary proceeding, confrontation or examination witnesses and expert witnesses in the trial proceedings; interrogation on cancellation of the detention of the defendant, suspension of detention of the defendant on bail or extension of the detention; by the consent of the defendant in the prison of the pronounced judgment; public defender or a lawyer interview with a defendant under detention in prison. There is a problem, however, if court allows the defendant Presentin court by video teleconference during trial? This involves the meaning of Article 281 of the Code of Criminal Procedure referred to "appear in court" (present in court) and whether we can subsumtion defendant to appear in court including present in court by video teleconference? There is also a worthy of discussion issues. This article will compare here in by reference U.S. decision as well as relevant regulations on the standards of a trial in the defendant's absence and the defendant present in court by video teleconference during trial to examine and put forward personal point of views for aboveissues. Looking forward this article could be helpful to our country’s criminal justicepractical.