Trial in absentia
Criminal proceeding in which the person who is subject to it is not physically present / From Wikipedia, the free encyclopedia
Trial in absentia is a criminal proceeding in a court of law in which the person being tried is not present. In absentia is Latin for "in (the) absence". Its interpretation varies by jurisdiction and legal system.
![]() | The examples and perspective in this article deal primarily with the United States and Europe and do not represent a worldwide view of the subject. (December 2019) |
In common law legal systems, the phrase is more than a spatial description. In these systems, it suggests a recognition of a violation of a defendant's right to be present in court proceedings in a criminal trial.[citation needed] Conviction in a trial in which a defendant is not present to answer the charges is held to be a violation of natural justice.[1] Specifically, it violates the second principle of natural justice, audi alteram partem (hear the other party).
In some civil law legal systems, such as that of Italy, absentia is a recognized and accepted defense strategy.[citation needed] Such trials may require the presence of the defendant's lawyer, depending on the country.