The Right of the Suspect or Accused to be Present at the Judicial Proceedings Conducted against Them

Abstract

Among the procedural guarantees that fall under the right to a fair trial is the guarantee of the suspect's and accused's right to be present at their own trial. This right applies at all stages of criminal proceedings, from the moment a person is suspected or accused of committing a crime or an alleged crime, until the decision establishing that the respective person committed the crime in question becomes final. A recent ruling by the Court of Justice of the European Union (CJEU, July 4, 2024) highlights the need to understand the complex nature of the phrase 'to be present at one's own criminal trial,' considering the various ways in which a person can be deemed present during judicial proceedings. Therefore, an analysis regarding the manner of participation of the suspect or accused, whether through actual physical presence in the courtroom, representation, assistance by a lawyer, or presence via remote communication means, must be conducted and considered.