Sentences with phrase «case in absentia»

The closest to his «appearance» was some lawyers arguing his case in absentia.

Not exact matches

Therefore, in light of European case law, the SCC concludes that the absolute content of the right to a fair trial does not require that a person convicted in absentia has the chance of applying for retrial if the right has been voluntarily and unequivocally waived and the person was duly summoned and defended at trial by counsel.

Furthermore, although he concurs with the result in this case, he considers that there was no need to modify of the Court's doctrine on extradition in cases of convictions rendered in absentia.

The order contained three questions: (i) whether Article 4a (1) FD must be interpreted as prohibiting Member States from making the execution of an EAW subject to the possibility of retrial in cases where a conviction has been rendered in absentia; (ii) whether Article 4a (1) FD is valid in light of Articles 47 and 48 of the EU Charter of Fundamental Rights; and (iii) whether, under Article 53 of the Charter, it can grant a higher level of protection than that provided for under EU law.

100] Allowing the Spanish authorities to apply a different standard in the present case «would have the effect, in particular, of seriously undermining the uniformity of the level of protection defined in Article 4a (1) of the Framework Decision and might hinder the execution of European arrest warrants issued for the purpose of executing judgments given in absentia.»

This distinction between both provisions is important because the possibilities for a conditional surrender regarding convictions in absentia were broader under the old provision, leaving the Spanish Constitutional Court just enough leeway to continue the line of reasoning of its earlier case law.

First of all, the national court wanted to know if the optional ground for refusal in case of a conviction in absentia as laid down in the new Article 4a (1) FD EAW precludes the Executing State from making the surrender conditional on the right of a retrial in the Issuing State, if deemed necessary by the Executing State, similar to what used to be possible on the basis of Article 5 (1) FD EAW 2002.

That jurisdiction is founded on statutory provision which requires the law of the DIFC to be first applied and only in absentia to move on to the cascading subparagraphs» provisions, of which the last is the law of England and Wales, which for reasons which are apparent, in the light of the decisions of the English Courts set out above (Burton J and Briggs LJ) on the absence of immunity of the KRG in the present case, does not assist the KRG.

If you have been convicted «in absentia» (in your absence), you have only 21 days to file a Request for Trial De Novo in order to appear in court to contest your case from the date of mailing on your Notice of Decision on Trial in Absentia.