Trial in absentia
From The Art and Popular Culture Encyclopedia
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A person who is subject to criminal proceedings in a court of law but is not physically present at those proceedings is said to have undergone trial in absentia. In absentia is Latin for "in the absence". Its meaning varies by jurisdiction and legal system.
In common law legal systems, the phrase is more than a spatial description. It suggests recognition of violation to a defendant's right to be present in court proceedings in a criminal trial. Conviction in a trial in which a defendant is not present to answer the charges is held to be a violation of natural justice. Specifically, it violates the second principle of natural justice, audi alteram partem (hear the other party).
In some civil law legal systems, such as that of Italy, absentia is a recognized and accepted defensive strategy. Such trials may require the presence of the defendant's lawyer, depending on the country.
See also
- Audi alteram partem
- In absentia (disambiguation)
- List of Latin phrases
- Right to a fair trial
- Declared death in absentia
- Default judgment (a civil counterpart)