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Trial in absentia.pptx

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Trial in absentia.pptx

  1. 1. Presentedby- Name: Manjare HassinRaad ID: 191100047 CourseTitle: Laws on Criminal Procedure I CourseCode: Law 315
  2. 2. Latin for “in the absence” Basic Concept of Trial in absentia
  3. 3. Article 14(3)(d) International Covenant on Civil and Political Rights (ICCPR), 1966 • person facing a criminal charge • has the right to be informed of the charges • tried in his own presence Article 6(3) European Convention on Human Rights (ECHR), 2003 • the right of a person to be notified promptly • in a language he understands • in detail, of the nature and cause of the accusation against him • to defend himself in person or through legal assistance Provisions of Trial in absentia in International Perspective
  4. 4. Provisions of Trial in absentia in Bangladesh Perspective Section 339B The Code of Criminal Procedure, 1898 • the Court has reason to believe • the accused is absconding • the Court shall direct such person to appear before the Court • if such person fails to comply with such direction • he shall be tried in his absence Section 21 The Prevention of Oppression Against Women and Children Act, 2000 • the Tribunal has reason to believe • the accused is absconding • no possibility of his immediate arrest • the tribunal may direct the accused to appear before the tribunal within 30 days • if such person fails to comply with such direction • he shall be tried in his absence Section 27(6A) The Special Powers Act, 1974 • the Special tribunal has reason to believe • the accused has absconded • he shall be tried in his absence after he fails to appear before the Tribunal
  5. 5. • Petitioner absconded after obtaining bail • Held by AD that no illegality holding the trial in absentia without making any gazette notification Nurul Absar V State 16 MLR 423 • Appellants tried in absentia were in custody of another case with no fault • Prayer for fresh trial not entertainable • Held by AD that on merit of not guilty and got acquittal Muslim V State 47 DLR 185 • Accused absconded but did not publish the notice in any newspaper • Held that such failure is violated sec. 339B (CRPC) and principles of natural justice Moktar Ahmed V Haji Farid Alam 42 DLR 162
  6. 6.  An important principle of law which is beneficial under specific circumstances  Deterioration of evidence which is an excellent merit  Potential for preventing the accused from absconding the criminal justice  Conducting speedy trials to prevent judicial backlog and pendency of cases Trial in Absentia

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