Malta to recognise EU judgments of trials in absentia

Malta to recognise EU judgments of trials in absentia

Maltese courts will start recognising court judgments in trials held in absentia in other EU countries following an agreement reached by EU Justice Ministers.

Malta took a favourable position on the proposal "after ensuring that certain safeguards were provided for in the final Framework Decision," a spokesman for the government told The Times.

"Although Maltese criminal law does not provide for the notion of in absentia - since in terms of the law the presence of the accused must be assured throughout the proceedings - in absentia trials and judgements in foreign jurisdictions are recognised, subject to limitations, by Maltese courts," the spokesman said. According to the government, the limitations included in the text of the new rules ensure that the accused or convicted person must be summoned in person to appear for the trial and that a retrial or review is available to persons who have been judged in absentia.

In the EU, some member states, notably Italy, frequently try defendants in their absence but the practice is not allowed in other EU member states including Malta.

The agreement will now enable judgments to be accepted across the 27 member states.

This is expected to affect three pieces of existing EU legislation which are not working properly owing to uncertainty in some countries about whether to recognise in absentia judgments. These include laws obliging member states to enforce financial penalties and confiscation orders handed down in other EU countries, as well as to enforce European arrest warrants connected to in absentia cases. The deal will also affect proposed legislation on the enforcement internationally of prison sentences and probation measures.

According to the Maltese government, the recognition of in absentia judgements is not completely new.

"Under the European Arrest Warrant rules, that came into force in 2004, there already exists the possibility for member states to surrender a person on the basis of a judgments handed down in his absence if certain conditions are met," the spokesman said.

The deal struck by EU Justice Ministers was not well received by the European Criminal Bar Association (ECBA) which stated that the new rules would make it harder for member states to resist unjustified requests for their nationals to be extradited to other EU countries.

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