Judging the case in the absence of the defendant removed from the trial on grounds of discipline

Abstract

The article analyzes the legal provisions governing the conditions of trial in the absence of the defendant if he is removed from the trial for disciplinary reasons by adjusting them to practical cases both at national level and in the jurisprudence of the European Court and by highlighting gaps in the national legislation in this regard. The researched topic is a current one since the compromising behavior of the defendant during the court hearings is attested more and more often, a fact that directly threatens the order and solemnity of the criminal trial, as well as the interests of the participants in the trial. The issue in question acquires an important connotation, including through the uneven practice applied by the courts on how to judge the case by removing the defendant from the trial, as well as the negative consequences that arise as a result - nullity of the judgment adopted, thus violating the principle of efficient administration of justice. Based on the obtained results, the legal omissions in the part related to the trial procedure in the absence of the defendant are revealed, the judicial errors admitted in practice in this respect, being elaborated preliminary versions for their solution, which can be used effectively for the application of legal provisions. versions for their solution. the activity of applying the legal provisions in practice.

Keywords

• the right to be present at the trial
• criminal trial
• legal summons
• removal of the defendant from the courtroom on grounds of discipline
• trial of the case in the absence of the defendant
• order and solemnity of the criminal trial