The accused's presence in criminal proceedings : Malta and Strasbourg

Abstract

The paper considers first the overall rigidity of the general principle governing the necessity of the presence of the accused during his trial proceedings in Maltese law (with the attendant consequences), contrasting it with the perilous laxity of a relatively recent amendment to certain provisions concerning the trial of certain "petty cases" before the Commissioners for Justice. The principle is considered also in relation to the relevant provision of the Maltese Constitution. The emerging position is then assessed against the general background of the jurisprudence of the European Court of Human Rights on the subject. In the context of such jurisprudence, the paper deals in some detail with the question whether the right of the accused to be present can be waived, the problem of abscondence, the possibility in certain circumstances of trials in absentia, and of course necessary safeguards.