Sinteza standardelor în materia judecării in absentia

Abstract

The addressed problem concerns the particularities of examining the criminal case in absentia.The European Court of Human Rights establishes certain standards in this matter, which are to be transposed into national jurisprudence. The standards outline some fundamental rules regarding the right to refuse to participate in one’s own trial and the state’s positive obligations in this regard, including due diligence to sufficiently inform the person of the brought charge.The burden of proof of notification rests with the authorities, the accused also having the obligation to take the necessary measures to not impede the receipt of the citations. The right to defense cannot be affected during the trial of the case in absentia, as well as the right to retrial.