Trials in absentia

Estonia

Estonia - Criminal Procedure Code 2003 (2020) EN

Chapter 10PROCEDURE BEFORE COUNTY COURTS
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Division 2General Conditions for Judicial Hearing

§ 267. Measures applicable to persons who violate order in court session
(1) If an accused violates order in a court session and fails to comply with the orders of a judge or a court security guard, the following measures may be applied on the basis of a court order:
[RT I, 12.07.2014, 1 - entry into force 01.01.2015]
1) removal of the accused from the courtroom temporarily or for the duration of the whole session;
2) imposition of detention for up to ten days or a fine on the accused.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(2) When an accused is asked to return to the courtroom, he or she shall be notified of the court activities performed in his or her absence.
(3) If an accused is removed from the courtroom for the duration of a whole session due to violation of order, a copy of the court judgment or, in the case provided for in subsection 315 (4) of this Code, of the conclusion of the court judgment shall be served on the accused immediately after pronouncement of the court judgment.

Chapter 10PROCEDURE BEFORE COUNTY COURTS
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Division 2General Conditions for Judicial Hearing

§ 269. Participation of accused in judicial hearing
(1) A criminal matter shall be heard in the presence of the accused, taking into account the exceptions specified in this section and § 2761 of this Code. If the accused fails to appear, judicial hearing shall be adjourned. Participation of the accused in the pronouncement of the court judgment is not mandatory.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(2) As an exception, a criminal matter may be heard in the absence of the accused if:
1) he or she has been removed from the courtroom on the basis and pursuant to the procedure provided for in subsection 267 (1) of this Code;
2) he or she has received the summons, his or her whereabouts cannot be established, there is sufficient reason to believe that he or she absconds court proceedings, reasonable efforts have been made for finding him or her, and the court hearing is possible without him or her;
[RT I, 20.12.2019, 1 - entry into force 30.12.2019]
3) after his or her interrogation at a court session, the accused has caused himself or herself to be in a state which precludes his or her participation in judicial hearing, and judicial hearing is possible without him or her;
4) it is complicated to take him or her to the court, and the accused can participate in the court hearing by means of any technical solutions which comply with the requirements specified in clause 69 (2) 1) of this Code, and the court is convinced that the right of defence of the accused is ensured;
[ RT I, 06.05.2020, 1 - entry into force 07.05.2020]
5) he or she has submitted a reasoned request to the court to hear the matter without his or her participation and the court is convinced that it is possible to defend the rights of the accused without his or her participation in judicial hearing and the absence of the accused from a court session is not contrary to the public interests;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
6) he or she is unable to participate in judicial hearing over an extended period due to illness but he or she was informed of the time and place of the court session, he or she agrees to hearing of the matter without his or her participation and with the participation of his or her counsel and the court is convinced that it is possible to defend the rights of the accused without his or her participation in judicial hearing.
[RT I, 31.12.2016, 2 - entry into force 10.01.2017]

Rome Statute

Article 63 Trial in the presence of the accused

1. The accused shall be present during the trial.