Whether restitution under Art. 94 CPP should be granted for failure to appear at the prosecutor hearing.
No; the appellant should have challenged the withdrawal decision by appeal within the statutory time limit, and the restitution request was therefore unavailable. In any event, the asserted health and moving reasons did not excuse the default.
The consequences of non-appearance had been clearly stated in the summons. The withdrawal decision expressly indicated the remedy and deadline. Once that decision became final and enforceable, there was no room for restitution of the appearance deadline.