THE BENEFITS OF A SPECIAL CRIMINAL PROCEEDINGS IN ABSENTIA

Abstract

A criticism of the national legislator’s decision not to introduce a shortened hearing as a special criminal procedure in absentia, which would exclude the Preliminary Chamber and would leave the civil action unsolved. In our opinion, such a procedure would definitely contribute to the efficiency of the judiciary system by significantly reducing the duration of trials, seeing that the evidence of the case would not be administrated in the absence of the accused and, as a consequence, the witnesses and the victim would not be repeatedly subjected to the stress of the hearings. Moreover, not solving the civil action would be a measure of protecting the interests of the civil party, seeing how a simple request of the defendant would suffice to invalidate the court’s decision given in absentia, and with it, the ruling on the civil claims of the case.

Keywords

• special criminal procedure
• trial in absence
• in absentia
• abbreviated procedure