What is absentee proceedings?

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03.04.2024 18:47 298

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Photo of lorina200215 Lorina Fedan

In civil proceedings: Proceedings in absentia are a special procedure for consideration and resolution of a civil case in the absence of the defendant, who has been duly notified of the time and place of the trial and who has not received an application for consideration of the case in his absence or if the reasons for non-appearance notified by him are recognized disrespectful, the plaintiff does not object to such a resolution of the case and the court can make a decision in absentia based on the evidence available in the case. Absentee proceedings are an additional guarantee to the plaintiff against the defendant's abuse of procedural rights, elimination of the reasons for delaying the process, compliance by the courts with the terms of consideration of the case. However, in some cases, consideration of cases in absentia proceedings does not simplify, but rather complicates the process and gives the defendant the opportunity to delay it, since he has the right to cancel the absentee decision by the court that passed it, after which the case is considered in the general procedure.

In criminal proceedings: Special pre-trial investigation and special trial are otherwise called "in absentia" (from Latin - in absence). This means that the investigation or court can conduct criminal proceedings without the suspect or the accused, when they are hiding from justice. Extraordinary procedures of criminal proceedings are mainly intended to ensure the inevitability of punishment of the guilty and to give suspects or accused persons the right to defense, even when they are not in the courtroom.

03.04.2024 20:43

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