| Annotation |
The legislative experience of Germany in regulation of in absentia criminal proceedings and proceedings concerning absentees in the context of introduction in Ukraine of a special pre-trial investigation and special proceedings is studied in the article. Seven types of proceedings in absentia may be identified in Germany. They relate only to minor offences and those defendants who do not evade justice, so they provide a reasonable balance of both interests of justice and an individual. The law sets forth special proceedings, not directly connected with the main hearing, for individuals who deliberately evade investigation and trial, including those who are abroad, and individuals whose location is unknown. Such proceedings is an effective legal mechanism of compulsory and encouraging character which makes a defendant appear in court. However, Ukraine has not implemented a positive experience of Germany in the area. |
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