The possibility to replace or revoke the preventive arrest measure taken in absentia

Abstract

In the present study, the author analyses the possibility of rejecting as inadmissible a request to replace or revoke the preventive arrest measure taken in absentia. A situation extracted from recent case law is presented, followed by the analysis of the reasons that imposed the need to confirm a measure of preventive arrest taken in absentia, reasons based on the provisions of art. 5 of the European Convention on Human Rights. At the same time, a decision of the European Court of Human Rights is presented, as well as the opinions expressed in the established specialized literature regarding this possibility attributed or not to the judicial bodies.