Redeschiderea procesului penal în cazul judecării persoanei condamnate în lipsă. Aspecte teoretice și practice
The Reopening of the Criminal Trial in Case of a Conviction in absentia. Theoretical and Practical Aspects

Summary/Abstract: The first part of this articol aims to identify the legal nature of reopening criminal proceedings, taking into consideration the fact that in the old criminal procedure legislation, this case was subsequently introduced and concerned only a particular situation, namely extradition or surrender on the basis of a European arrest warrant, but also due to the fact that in regard to the applicable procedure, the text of art. 5221 referred to the provisions of art. 404-408 Code of Criminal Procedure from 1968, that were meant to be reviewed. The second part of this paper focuses on clarifying the notion of „trial in absentia” as this represents the main element around which all regulation revolves. The circumstances under which a person is considered to be tried in absence are closely linked to the „criminal proceedings”, however, both the literature and the judicial practice have encouraged different opinions, with direct consequences on the admissibility of the appeal. In the final part, we brought to attention the means of proof that can be administered in the procedure of reopening the criminal trial, as current regulations seem to limit probation to documents only, although in its practice, the European Court of Human Rights has stated otherwise.

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