Reflection of the Due Process Standards in Judgment in Absentia

Abstract

The right to a due process represents a vanguard mechanism for human rights and fundamental freedoms. This right, consisting of a set of fundamental principles that ensure the legality of the procedures or decision-making of state, serves as a guarantee of eliminating any arbitrariness in the exercise of state power over the individual. For this reason, it appears entirely important, especially for the person accused of committing a criminal offense, serving as a guarantee, as when he has chosen to speak out and defend in person before the court, or when he has decided to waive this right. This paper undertakes to handle the very second situation, taking in analysis the judgment in absentia, the cases in which it applies, and the rights that should be guaranteed the defendant in absentia within his right to a due process and their real effectiveness.

DOI: 10.5901/mjss.2015.v4n1p135