In absentia trial at EU level. Procedural safeguards

Abstract

European regulations impose certain safeguards for defendants that are judged in absentia. In this view, it is possible that the trial is carried out in the absence of the accused as long as the overall proceeding is fair in the vision set out by the EU Directive 2016/343. This paper aims to analyse the guarantees granted to the defendant as imposed at the European level, taking into consideration the CJEU’s and ECtHR’s perception of a trial carried without the participation of the defendant.

For this reason, the first part of the paper discusses a general overlook of an in absentia trial, while focusing on the problematic aspects appeared in practice. The final part, then, examines the perspective of an individual participating at the trial via videoconference.

Throughout the study, great emphasis will be put on the Romanian national legislation, examining if it complies with the European regulations on this issue.