In absentia trial in European law. A comparison with national law

  • Daria Achim Faculty of Law, Babeș-Bolyai University, Cluj-Napoca
Keywords: trial in absentia, Directive (EU) 2016/343, right to defence, presence of the defendant in the criminal trial


When it comes to the issue of criminal trials being held in the absence of the accused, Member States of the European Union seem unable to come to a consensus. While some states may go forward with the trial regardless of the defendant's presence, others consider that the trial cannot take place under such circumstances. Furthermore, the contrast in perspective between member states is only emphasized by the different legislation adopted by each state.

This article aims to outline the general framework for trials in absentia. It starts with a short history of the Directives adopted by the Council of Europe, meant to emphasize the evolution and the impact of legislation in this matter, and continues with brief contrasts and comparisons between the member states, in accordance to the regulations of their framework in such situations. Last but not least, the final analysis revolves around issues that arise in regards to trials in absentia in Romania, and the manner of how such trials are examined regardless or in accordance with national law.