Küsimustik
| Dokumendiregister | Justiits- ja Digiministeerium |
| Viit | 7-2/5821 |
| Registreeritud | 07.08.2026 |
| Sünkroonitud | 10.08.2026 |
| Liik | Sissetulev kiri |
| Funktsioon | 7 EL otsustusprotsessis osalemine ja rahvusvaheline koostöö |
| Sari | 7-2 Rahvusvahelise koostöö korraldamisega seotud kirjavahetus (Arhiiviväärtuslik) |
| Toimik | 7-2/2026 |
| Juurdepääsupiirang | Avalik |
| Adressaat | The Belgian National Institute of Criminalistics and Criminology (NICC) |
| Saabumis/saatmisviis | The Belgian National Institute of Criminalistics and Criminology (NICC) |
| Vastutaja | Mari-Liis Sööt (Justiits- ja Digiministeerium, Kantsleri vastutusvaldkond, Kriminaalpoliitika valdkond, Kriminaalpoliitika osakond) |
| Originaal | Ava uues aknas |
| Taotle dokumendi eemaldamist või parandamist |
Failid
Questionnaire AbsentRights
Introduction to the questionnaire
The present questionnaire has been developed by the National Institute of Criminalistics and Criminology (NICC) within the framework of the EC Justice Programme funded project ‘Absent Rights? Reinforcing the right to presence at trial as a foundation of mutual trust’ (‘AbsentRights’), co-ordinated by Fair Trials Europe (FTE). In this project different partner organisations from Belgium, Bulgaria, Greece, Poland and Romania look at the legislative framework, case-law and judicial practice in order to provide an advanced understanding of the legal embedding of trials in absence and the right to a new trial. This questionnaire aims at collecting information on the legal provisions and practical application of this matter, as part of a broad review of research and statistical data that are available in the different EU-countries.
I. LEGAL FRAMEWORK
1. Does your country provide the legal possibility to organise a trial in absence of the defendant?
a. When is a trial considered to be ‘in absentia’? What are the criteria?
b. Is it possible in your country that the defendant is represented by a lawyer?
i. How does this affect the possibility of a trial in absence?
ii. What is the role of the lawyer and what are the limits of his intervention?
iii. Is the lawyer mandated / appointed by the State or by the defendant?
2. Which obligations must the judicial authorities fulfil in your country to duly inform the defendant of his trial? (Deadlines or terms, obligations to guarantee that the defendant has been informed, language, information about the possibility of a trial in absence…)
3. The right to be present:
a. Which legal provisions exist in your country to guarantee the right of the defendant to be present at his trial? How is the right to presence secured (possibility of representation by a lawyer, postpone the case, …)
b. Does your country provide in the possibility for the defendant to appear by videoconference?
i. If so, how is this regulated?
ii. Is the defendants consent mandatory?
iii. Is a trial by videoconference considered a trial in absence?
iv. Is a trial by videoconference possible for cross-border cases?
c. Is there any distinction made between different types of hearings / stages of the criminal proceedings?
d. Can the defendant waive his right to presence in your country? If so, how is this regulated?
e. Does your country provide the possibility to exclude the defendant of his trial and to prevent or diminish his right to be present at trial?
f. Is there any distinction between first instance and appeal proceedings?
4. The obligation to be present:
a. Does your country provide any legal instruments to oblige or encourage the defendant to be present (and to avoid a trial in absence)?
b. If so, which are those instruments?
c. If so, what are the judicial consequences when the defendant does not comply?
5. What are the rights of the defendant when he is not present at his trial (presumption of innocence)? Does the absence of the defendant affect the possible outcome of the trial (disregard of the presumption of innocence, sentencing outcome)?
6. Can a defendant convicted in absentia obtain a new trial?
a. If not, are there any other remedies available for the convicted defendant?
b. If so, under what conditions can the defendant obtain a new trial?
i. What are the judicial criteria to obtain a new trial (deadlines, …)?
ii. Are there any substantive criteria to obtain a new trial (is there any appreciation of the reason of absence of the defendant)?
iii. How is this new trial organised? What are the procedural guarantees?
iv. What are the possible outcomes of the new trial (sentence severity)?
v. Are there any remedies against this new decision?
c. Is there any difference in the access to a new trial in extradition cases?
7. What are judicial consequences of a conviction after a trial in absentia?
a. Can the judgement in absentia be executed, and if so, under which conditions?
b. What are the consequences for the execution of the sentence in case of a new trial?
c. Is there any difference in the execution of a conviction in extradition cases?
II. USE IN PRACTICE – STATISTICAL INFORMATION
8. Do you have any statistical information on how many defendants are tried in absentia? What is the ratio with the total amount of defendants in general?
9. Do you have any statistical information about the number of defendants that are convicted in a trial in absentia? What is the ratio with the total amount of convicted defendants in general?
10. Do you have any statistical information about the number of defendants convicted in absentia for whom the reopening of criminal proceedings was ordered or refused?
11. Do you have any statistical information about the number of defendants acquitted and, respectively, convicted following the retrial of the case after the reopening of criminal proceedings?
12. Do you have any statistical information about personal data of the defendant tried in absentia (age, gender, nationality, permanent residence)? Are some defendants more likely to be tried in absentia?
13. Do you have any statistical information about the type of crime of cases that are tried in absentia? Are some offences more likely to be tried in absentia?
14. Do you have any statistical information about the total number of European Arrest Warrants issued, both in matters of investigation / trial and execution of a sentence?
III. SOURCES – DOCUMENTATION
15. Could you please refer us to/provide us with scientific research material on trials in absence available for your country (in any language).
Thank you very much for your collaboration !
Questionnaire AbsentRights
Introduction to the questionnaire
The present questionnaire has been developed by the National Institute of Criminalistics and Criminology (NICC) within the framework of the EC Justice Programme funded project ‘Absent Rights? Reinforcing the right to presence at trial as a foundation of mutual trust’ (‘AbsentRights’), co-ordinated by Fair Trials Europe (FTE). In this project different partner organisations from Belgium, Bulgaria, Greece, Poland and Romania look at the legislative framework, case-law and judicial practice in order to provide an advanced understanding of the legal embedding of trials in absence and the right to a new trial. This questionnaire aims at collecting information on the legal provisions and practical application of this matter, as part of a broad review of research and statistical data that are available in the different EU-countries.
I. LEGAL FRAMEWORK
1. Does your country provide the legal possibility to organise a trial in absence of the defendant?
a. When is a trial considered to be ‘in absentia’? What are the criteria?
b. Is it possible in your country that the defendant is represented by a lawyer?
i. How does this affect the possibility of a trial in absence?
ii. What is the role of the lawyer and what are the limits of his intervention?
iii. Is the lawyer mandated / appointed by the State or by the defendant?
2. Which obligations must the judicial authorities fulfil in your country to duly inform the defendant of his trial? (Deadlines or terms, obligations to guarantee that the defendant has been informed, language, information about the possibility of a trial in absence…)
3. The right to be present:
a. Which legal provisions exist in your country to guarantee the right of the defendant to be present at his trial? How is the right to presence secured (possibility of representation by a lawyer, postpone the case, …)
b. Does your country provide in the possibility for the defendant to appear by videoconference?
i. If so, how is this regulated?
ii. Is the defendants consent mandatory?
iii. Is a trial by videoconference considered a trial in absence?
iv. Is a trial by videoconference possible for cross-border cases?
c. Is there any distinction made between different types of hearings / stages of the criminal proceedings?
d. Can the defendant waive his right to presence in your country? If so, how is this regulated?
e. Does your country provide the possibility to exclude the defendant of his trial and to prevent or diminish his right to be present at trial?
f. Is there any distinction between first instance and appeal proceedings?
4. The obligation to be present:
a. Does your country provide any legal instruments to oblige or encourage the defendant to be present (and to avoid a trial in absence)?
b. If so, which are those instruments?
c. If so, what are the judicial consequences when the defendant does not comply?
5. What are the rights of the defendant when he is not present at his trial (presumption of innocence)? Does the absence of the defendant affect the possible outcome of the trial (disregard of the presumption of innocence, sentencing outcome)?
6. Can a defendant convicted in absentia obtain a new trial?
a. If not, are there any other remedies available for the convicted defendant?
b. If so, under what conditions can the defendant obtain a new trial?
i. What are the judicial criteria to obtain a new trial (deadlines, …)?
ii. Are there any substantive criteria to obtain a new trial (is there any appreciation of the reason of absence of the defendant)?
iii. How is this new trial organised? What are the procedural guarantees?
iv. What are the possible outcomes of the new trial (sentence severity)?
v. Are there any remedies against this new decision?
c. Is there any difference in the access to a new trial in extradition cases?
7. What are judicial consequences of a conviction after a trial in absentia?
a. Can the judgement in absentia be executed, and if so, under which conditions?
b. What are the consequences for the execution of the sentence in case of a new trial?
c. Is there any difference in the execution of a conviction in extradition cases?
II. USE IN PRACTICE – STATISTICAL INFORMATION
8. Do you have any statistical information on how many defendants are tried in absentia? What is the ratio with the total amount of defendants in general?
9. Do you have any statistical information about the number of defendants that are convicted in a trial in absentia? What is the ratio with the total amount of convicted defendants in general?
10. Do you have any statistical information about the number of defendants convicted in absentia for whom the reopening of criminal proceedings was ordered or refused?
11. Do you have any statistical information about the number of defendants acquitted and, respectively, convicted following the retrial of the case after the reopening of criminal proceedings?
12. Do you have any statistical information about personal data of the defendant tried in absentia (age, gender, nationality, permanent residence)? Are some defendants more likely to be tried in absentia?
13. Do you have any statistical information about the type of crime of cases that are tried in absentia? Are some offences more likely to be tried in absentia?
14. Do you have any statistical information about the total number of European Arrest Warrants issued, both in matters of investigation / trial and execution of a sentence?
III. SOURCES – DOCUMENTATION
15. Could you please refer us to/provide us with scientific research material on trials in absence available for your country (in any language).
Thank you very much for your collaboration !
Dear Sir or Madam,
I am contacting you in the context of a (research) project on trials in absence.
This project ‘Absent Rights? Reinforcing the right to presence at trial as a foundation of mutual trust’ (‘AbsentRights’) is funded by the EC Justice Programme and coordinated by FairTrials Europe (FTE).
The Belgian National Institute of Criminalistics and Criminology (NICC) is responsible for collecting information on legislation, statistics and scientific research on the subject, in the countries of the EU.
To do this, we have developed a questionnaire which you will find attached to this mail.
Could you please answer all, or some, of the questions with respect to the situation in Estonia and send it back to us completed?
If you are unable to answer all the questions, could you refer us to another contact person who could provide us with the requested information?
It would be greatly appreciated if we could receive your completed questionnaire by 30 September.
Thank you very much for your valuable cooperation!
Best regards,
Alexia Jonckheere
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Dr. Alexia JONCKHEERE Chercheure seniore, Cheffe de travaux (SW2), DO Criminologie La Science pour la Justice | Wetenschap voor Justitie |
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INSTITUT NATIONAL DE CRIMINALISTIQUE ET DE CRIMINOLOGIE | NATIONAAL INSTITUUT VOOR CRIMINALISTIEK EN CRIMINOLOGIE
BAC – Finance Tower - Boulevard du Jardin Botanique 50, boite 71, 1000 Bruxelles | |
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Questionnaire AbsentRights
Introduction to the questionnaire
The present questionnaire has been developed by the National Institute of Criminalistics and Criminology (NICC) within the framework of the EC Justice Programme funded project ‘Absent Rights? Reinforcing the right to presence at trial as a foundation of mutual trust’ (‘AbsentRights’), co-ordinated by Fair Trials Europe (FTE). In this project different partner organisations from Belgium, Bulgaria, Greece, Poland and Romania look at the legislative framework, case-law and judicial practice in order to provide an advanced understanding of the legal embedding of trials in absence and the right to a new trial. This questionnaire aims at collecting information on the legal provisions and practical application of this matter, as part of a broad review of research and statistical data that are available in the different EU-countries.
I. LEGAL FRAMEWORK
1. Does your country provide the legal possibility to organise a trial in absence of the defendant?
a. When is a trial considered to be ‘in absentia’? What are the criteria?
b. Is it possible in your country that the defendant is represented by a lawyer?
i. How does this affect the possibility of a trial in absence?
ii. What is the role of the lawyer and what are the limits of his intervention?
iii. Is the lawyer mandated / appointed by the State or by the defendant?
2. Which obligations must the judicial authorities fulfil in your country to duly inform the defendant of his trial? (Deadlines or terms, obligations to guarantee that the defendant has been informed, language, information about the possibility of a trial in absence…)
3. The right to be present:
a. Which legal provisions exist in your country to guarantee the right of the defendant to be present at his trial? How is the right to presence secured (possibility of representation by a lawyer, postpone the case, …)
b. Does your country provide in the possibility for the defendant to appear by videoconference?
i. If so, how is this regulated?
ii. Is the defendants consent mandatory?
iii. Is a trial by videoconference considered a trial in absence?
iv. Is a trial by videoconference possible for cross-border cases?
c. Is there any distinction made between different types of hearings / stages of the criminal proceedings?
d. Can the defendant waive his right to presence in your country? If so, how is this regulated?
e. Does your country provide the possibility to exclude the defendant of his trial and to prevent or diminish his right to be present at trial?
f. Is there any distinction between first instance and appeal proceedings?
4. The obligation to be present:
a. Does your country provide any legal instruments to oblige or encourage the defendant to be present (and to avoid a trial in absence)?
b. If so, which are those instruments?
c. If so, what are the judicial consequences when the defendant does not comply?
5. What are the rights of the defendant when he is not present at his trial (presumption of innocence)? Does the absence of the defendant affect the possible outcome of the trial (disregard of the presumption of innocence, sentencing outcome)?
6. Can a defendant convicted in absentia obtain a new trial?
a. If not, are there any other remedies available for the convicted defendant?
b. If so, under what conditions can the defendant obtain a new trial?
i. What are the judicial criteria to obtain a new trial (deadlines, …)?
ii. Are there any substantive criteria to obtain a new trial (is there any appreciation of the reason of absence of the defendant)?
iii. How is this new trial organised? What are the procedural guarantees?
iv. What are the possible outcomes of the new trial (sentence severity)?
v. Are there any remedies against this new decision?
c. Is there any difference in the access to a new trial in extradition cases?
7. What are judicial consequences of a conviction after a trial in absentia?
a. Can the judgement in absentia be executed, and if so, under which conditions?
b. What are the consequences for the execution of the sentence in case of a new trial?
c. Is there any difference in the execution of a conviction in extradition cases?
II. USE IN PRACTICE – STATISTICAL INFORMATION
8. Do you have any statistical information on how many defendants are tried in absentia? What is the ratio with the total amount of defendants in general?
9. Do you have any statistical information about the number of defendants that are convicted in a trial in absentia? What is the ratio with the total amount of convicted defendants in general?
10. Do you have any statistical information about the number of defendants convicted in absentia for whom the reopening of criminal proceedings was ordered or refused?
11. Do you have any statistical information about the number of defendants acquitted and, respectively, convicted following the retrial of the case after the reopening of criminal proceedings?
12. Do you have any statistical information about personal data of the defendant tried in absentia (age, gender, nationality, permanent residence)? Are some defendants more likely to be tried in absentia?
13. Do you have any statistical information about the type of crime of cases that are tried in absentia? Are some offences more likely to be tried in absentia?
14. Do you have any statistical information about the total number of European Arrest Warrants issued, both in matters of investigation / trial and execution of a sentence?
III. SOURCES – DOCUMENTATION
15. Could you please refer us to/provide us with scientific research material on trials in absence available for your country (in any language).
Thank you very much for your collaboration !
Questionnaire AbsentRights
Introduction to the questionnaire
The present questionnaire has been developed by the National Institute of Criminalistics and Criminology (NICC) within the framework of the EC Justice Programme funded project ‘Absent Rights? Reinforcing the right to presence at trial as a foundation of mutual trust’ (‘AbsentRights’), co-ordinated by Fair Trials Europe (FTE). In this project different partner organisations from Belgium, Bulgaria, Greece, Poland and Romania look at the legislative framework, case-law and judicial practice in order to provide an advanced understanding of the legal embedding of trials in absence and the right to a new trial. This questionnaire aims at collecting information on the legal provisions and practical application of this matter, as part of a broad review of research and statistical data that are available in the different EU-countries.
I. LEGAL FRAMEWORK
1. Does your country provide the legal possibility to organise a trial in absence of the defendant?
a. When is a trial considered to be ‘in absentia’? What are the criteria?
b. Is it possible in your country that the defendant is represented by a lawyer?
i. How does this affect the possibility of a trial in absence?
ii. What is the role of the lawyer and what are the limits of his intervention?
iii. Is the lawyer mandated / appointed by the State or by the defendant?
2. Which obligations must the judicial authorities fulfil in your country to duly inform the defendant of his trial? (Deadlines or terms, obligations to guarantee that the defendant has been informed, language, information about the possibility of a trial in absence…)
3. The right to be present:
a. Which legal provisions exist in your country to guarantee the right of the defendant to be present at his trial? How is the right to presence secured (possibility of representation by a lawyer, postpone the case, …)
b. Does your country provide in the possibility for the defendant to appear by videoconference?
i. If so, how is this regulated?
ii. Is the defendants consent mandatory?
iii. Is a trial by videoconference considered a trial in absence?
iv. Is a trial by videoconference possible for cross-border cases?
c. Is there any distinction made between different types of hearings / stages of the criminal proceedings?
d. Can the defendant waive his right to presence in your country? If so, how is this regulated?
e. Does your country provide the possibility to exclude the defendant of his trial and to prevent or diminish his right to be present at trial?
f. Is there any distinction between first instance and appeal proceedings?
4. The obligation to be present:
a. Does your country provide any legal instruments to oblige or encourage the defendant to be present (and to avoid a trial in absence)?
b. If so, which are those instruments?
c. If so, what are the judicial consequences when the defendant does not comply?
5. What are the rights of the defendant when he is not present at his trial (presumption of innocence)? Does the absence of the defendant affect the possible outcome of the trial (disregard of the presumption of innocence, sentencing outcome)?
6. Can a defendant convicted in absentia obtain a new trial?
a. If not, are there any other remedies available for the convicted defendant?
b. If so, under what conditions can the defendant obtain a new trial?
i. What are the judicial criteria to obtain a new trial (deadlines, …)?
ii. Are there any substantive criteria to obtain a new trial (is there any appreciation of the reason of absence of the defendant)?
iii. How is this new trial organised? What are the procedural guarantees?
iv. What are the possible outcomes of the new trial (sentence severity)?
v. Are there any remedies against this new decision?
c. Is there any difference in the access to a new trial in extradition cases?
7. What are judicial consequences of a conviction after a trial in absentia?
a. Can the judgement in absentia be executed, and if so, under which conditions?
b. What are the consequences for the execution of the sentence in case of a new trial?
c. Is there any difference in the execution of a conviction in extradition cases?
II. USE IN PRACTICE – STATISTICAL INFORMATION
8. Do you have any statistical information on how many defendants are tried in absentia? What is the ratio with the total amount of defendants in general?
9. Do you have any statistical information about the number of defendants that are convicted in a trial in absentia? What is the ratio with the total amount of convicted defendants in general?
10. Do you have any statistical information about the number of defendants convicted in absentia for whom the reopening of criminal proceedings was ordered or refused?
11. Do you have any statistical information about the number of defendants acquitted and, respectively, convicted following the retrial of the case after the reopening of criminal proceedings?
12. Do you have any statistical information about personal data of the defendant tried in absentia (age, gender, nationality, permanent residence)? Are some defendants more likely to be tried in absentia?
13. Do you have any statistical information about the type of crime of cases that are tried in absentia? Are some offences more likely to be tried in absentia?
14. Do you have any statistical information about the total number of European Arrest Warrants issued, both in matters of investigation / trial and execution of a sentence?
III. SOURCES – DOCUMENTATION
15. Could you please refer us to/provide us with scientific research material on trials in absence available for your country (in any language).
Thank you very much for your collaboration !
