Trial in absentia and its relationship with European arrest warrants is a complex and controversial topic that has sparked significant legal debates in the European Union. This article explores what a trial in absentia entails, how it is regulated at the European level, and what its impact is on the fundamental rights of citizens.
What is a trial in absentia and how is it regulated in the European Union?
A trial in absentia occurs when a court issues a criminal sentence without the presence of the accused. Although this procedure is permitted in some legal systems of the European Union, there is no uniform regulation. This creates significant challenges within the framework of European judicial cooperation, especially when European arrest warrants (EAW) are issued based on such convictions.
Article 5.1 of the Framework Decision 2002/584, in its original version, required guaranteeing a new trial after surrender to execute an EAW. However, the Framework Decision defined clearer rules. These rules determine when orders must be executed and under what conditions they may be refused.
2009 reform and its impact on international cooperation
Framework Decision 2009/299 incorporated article 4 bis. This article details the grounds on which Member States may refuse an EAW based on a trial in absentia. Among the causes is that the accused has received notification of the trial date. It also includes that, after surrender, the accused has the right to a new trial or to an appeal that
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Trial in absentia in Case C-270/2017: Defense rights guarantees in European arrest warrants
Case C-270/2017, decided by the Court of Justice of the European Union (CJEU), focuses on the execution of a European arrest warrant based on a conviction rendered without the appearance of the accused. The judgment clarifies important aspects regarding the interpretation of the right to defense and judicial cooperation in the European Union. Below, we will analyze the key points of this decision and its implications.
Case background
The case arises from a European arrest warrant issued by a Lithuanian court against Tadas Tupikas, convicted to a custodial sentence in absentia. Although the accused had appeared at first instance, he did not do so during the appeal, where his conviction was confirmed. The Dutch judicial authority, responsible for executing the warrant, raised doubts about whether the right to defense had been guaranteed in the appeal process.
The concept of «trial resulting in the decision»
The CJEU determined that the concept of «trial resulting in the decision» refers to the proceedings in which the final decision on the guilt and sentence of the accused is rendered. In cases with multiple instances, the relevant phase is that in which the merits of the case are conclusively determined, after
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.