Trials in absentia

Malta

Malta - Criminal Code 1854 (2013) EN

BOOK SECOND
LAWS OF CRIMINAL PROCEDURE

PART I
OF THE AUTHORITIES TO WHICH THE ADMINISTRATION OF CRIMINAL JUSTICE IS ENTRUSTED

Title II Of the Court of Magistrates

Sub-title II Of the Court of Magistrates as Court of Criminal

402. (7) In the cases referred to in subarticles (5) and (6), the inquiry may be continued in the absence of the accused, and if he is not assisted by an advocate or legal procurator, the provisions of article 519 shall apply.

Malta - Criminal Code 1854 (2023) EN

360B. (5) A summons issued under this article shall also contain an intimation that in default of appearance the person summoned shall be deemed to have given his consent for the trial to proceed in his absence.

366F. Saving the provisions of any law which may provide for trials in the absence of the persons charged or accused, subject to the safeguards provided in Directive (EU) 2016/343 of the European Parliament and the Council of the 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings, persons charged or accused shall have the right to be present at their trial.

402. (7) In the cases referred to in sub-articles (5) and (6), the inquiry may be continued in the absence of the accused, and if he is not assisted by an advocate or legal procurator, the provisions of article 519 shall apply.

Rome Statute

Article 63 Trial in the presence of the accused

1. The accused shall be present during the trial.