In Egypt, article 388 criminal procedures prevents the absconded accused from being represented by any lawyer whether of his choice or appointed by the court. And although the law allows for a judgment to be rendered in his absence, such judgment however is not final since the accused is entitled to a retrial once he is captured.
My question relates to the rational behind the restriction on the right to defense for the absconded person. why not allow him to be defended and thus might proof his innocence.
In other words, does the obligation to attend ones trial, if we can call it an obligation and not a right, is more important than the accused right to defense?
Yes. He can be tried in India but not in serious offences. only for those offences punishable with fines.
The accused is the only person who can explain the circumstances behind the commission of the offence and at the same time in case of his absence from the trial may affect his right to defend himself adversely. .
Trial in absence of accuse is no trial at all specifically in serious matters.. Further criminal liability is individual liability.
Dear Ahmed,
This is allowed in several jurisdictions within the European Union, and is even mentioned in the Framework Decision on the European Arrest Warrant, at new Article 4a, which provides that the executing judicial authority may refuse to execute the European arrest warrant issued for the purpose of executing a custodial sentence or a detention order if the person did not appear in person at the trial resulting in the decision, but may NOT so refuse if said person was nevertheless represented by a lawyer. The matter was discussed by the Court of Justice of the EU (CJEU) in Case C-399/11 Melloni, where the CJEU overruled the Spanish Constitutional Court, which had wanted to make Mr Melloni's surrender by Spain to Italy conditional on his receiving a right to appeal in Italy. Thus the Spanish Constitutional Court's anxiety about convictions made in absentia, but with lawyers for the accused present, was not shared by the CJEU, which regarded the presence of the lawyers as a good enough guarantee of a fair trial, as seen in the Framework Decision.
Hope this helps.
Best regards,
Richard
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