Maltese courts will start recognising court judgments in trials held
in absentia in other EU countries following an agreement reached by EU
Justice Ministers.
Malta took a favourable position on the proposal "after ensuring
that certain safeguards were provided for in the final Framework
Decision," a spokesman for the government told The Times.
"Although Maltese criminal law does not provide for the notion of in
absentia - since in terms of the law the presence of the accused must
be assured throughout the proceedings - in absentia trials and
judgements in foreign jurisdictions are recognised, subject to
limitations, by Maltese courts," the spokesman said. According to the
government, the limitations included in the text of the new rules
ensure that the accused or convicted person must be summoned in person
to appear for the trial and that a retrial or review is available to
persons who have been judged in absentia.
In the EU, some member states, notably Italy, frequently try
defendants in their absence but the practice is not allowed in other EU
member states including Malta.
The agreement will now enable judgments to be accepted across the 27 member states.
This is expected to affect three pieces of existing EU legislation
which are not working properly owing to uncertainty in some countries
about whether to recognise in absentia judgments. These include laws
obliging member states to enforce financial penalties and confiscation
orders handed down in other EU countries, as well as to enforce
European arrest warrants connected to in absentia cases. The deal will
also affect proposed legislation on the enforcement internationally of
prison sentences and probation measures.
According to the Maltese government, the recognition of in absentia judgements is not completely new.
"Under the European Arrest Warrant rules, that came into force in
2004, there already exists the possibility for member states to
surrender a person on the basis of a judgments handed down in his
absence if certain conditions are met," the spokesman said.
The deal struck by EU Justice Ministers was not well received by the
European Criminal Bar Association (ECBA) which stated that the new
rules would make it harder for member states to resist unjustified
requests for their nationals to be extradited to other EU countries
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