Trial in the Absence of the Accused in Criminal Procedure

Abstract

The trial in the absence of the accused is exceptional and different from the trial in the criminal procedure in general. The law empowers the court to conduct a trial in the absence of the accused to solve a case, especially where the accused has fled or refused to stand trial without justification. The trial in absentia is also the measure to enhance the effectiveness of law enforcement.
A trial in the absence of the accused may violate the right to be tried in his presence, which is one of the safeguards of human rights guaranteed by Article 14 of the International Covenant on Civil and Political Rights 1966. However, reviewing the principles, historical development, and examples of relevant rules under international law and domestic legal systems in the model countries, this article shows that the provisions of the Code of Criminal Procedure of Thailand and other criminal procedural laws regarding special offenses have been established in the context of Thai society’s need with the determination of the fundamental rights of the accused. This is because the following three safeguards are in place that: (1) the accused must have notice of the proceedings; (2) the accused must be legally represented in the proceedings; and (3) the accused must have the right to retrial in his or her presence.