In absentia trials and standards relating to the summoning to trial of the accused person in EU Law, including reflections on the conformity of Portuguese criminal procedural law with the former
| Author | Alexandre Au-Yong Oliveira |
| DOI | 10.1177/2032284421994922 |
| Published date | 01 September 2021 |
| Date | 01 September 2021 |
Analysis/Opinion
New Journal of European Criminal Law
2021, Vol. 12(3) 449–463
© The Author(s) 2021
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/2032284421994922
journals.sagepub.com/home/nje
In absentia trials and standards
relating to the summoning to
trial of the accused person in
EU Law, including reflections
on the conformity of
Portuguese criminal
procedural law with the former
Alexandre Au-Yong Oliveira
Centre of Judicial Studies, Portugal
Abstract
In the light of the right to a fair trial and the possibility of in absentia trials, the main purpose of this
article is to discuss the meaning of the concept of “having been informed, in due time, of the trial,”
under Article 8(2a) of Directive (EU) 2016/343, read in parallel with Article 4a(1) (a) (i) of Council
Framework Decision 2002/584/JHA. When thus read and taking into account the legislative history
of the Directive, it seems that a different standard is foreseen for the summoning of the accused
person for trial under each of the referred legal instruments. I then test the Portuguese standards
for summoning the accused person for trial and trials in absentia under each of the possible
standards.
Keywords
Right to a fair trial, procedural safeguards, right to be present at trial, in absentia, summoning the
accused person for trial, right to a retrial
Corresponding author:
Alexandre Au-Yong Oliveira, Jurisdição de Direito Penal e Processo Penal, Centro de Estudos Judici´
arios, Largo do
Limoeiro, Lisboa 1149-048, Portugal.
Email: alexuder@gmail.com
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting