Protecția drepturilor procesuale ale persoanelor judecate în lipsă. Repere din dreptul uniunii Europene și din jurisprudența CEDO
The protection of processual rights of the persons tried in absence. References from the European Union Law and the ECHR jurisprudence

Summary/Abstract: This paper aims to carry out an analysis of the vision of the European Union in relation to the institution of rejudging the persons tried in absence, from the point of view of the Community acquis, respectively of the different framework decisions referring to the decisions made in the absence of the accused person from the trial, as well as based on the relevant case law of the two European entities that oversee human rights, the Courtof Justice of the European Union and the European Court of Human Rights. We consider that the present work can be an effective instrument in interpreting and applying the extraordinary appeal of the reopening of the criminal trial in the case of a judgment made in the absence of the convicted person, regulated by the Code of criminal procedure - Special Part, Title III Judgment, Chapter V - Extraordinary appeal, Section 4 - art. 466-469. A second part of the present paper, which will be published at a later date, aims toanalyse the institution’s regulation in Romanian criminal procedural law, from the perspective of meeting the requirements imposed by the level of protection attached to the European Convention on Human Rights and the jurisprudence developed on its basis, detailed in the present study.

• Details
• Contents