Right to be personally present at trial
If you have to appear in court because you are charged with certain criminal offenses, it is essential that you are able to defend yourself properly. This is only possible if you actually appear at that court hearing present may be whether you can be represented by a specialized lawyer. In this way, important arguments can be raised and the prosecution's arguments can be responded to. The right to be present at trial is therefore fundamental. It is guaranteed not only in our Belgian national law, but also in several European and international treaties.
The purpose of this right is twofold. On the one hand, it is unthinkable for someone to be convicted without being given the opportunity to present his defense about it. On the other hand, it is also important for the accused to be present at the trial in the light of establishing the truth. In this way, witness statements can be checked against the defendant's views.
To ensure this right, it is essential that the accused also be informed in a sufficient manner by his lawyer that there is a criminal case against him. After all, the defendant can only be present to defend himself if he also knows that he must defend himself.
Being straight present: always important, but sometimes very important.
In some cases it is more important for a defendant to be present in person than in others. For example, the right to a fair trial is more likely to be violated when the defendant was not present if the crimes are related to what is called the "hard core of criminal law" such as murder or rape or other moral offenses. Even when there is uncertainty about the facts, and thus no mere dispute about the proceedings, the presence of the defendant is of capital importance. Especially when the defendant's guilt has not yet been established, it is all the more important that the defendant be present. Furthermore, it can be argued that the more severe the punishment sought by the prosecution, the more likely there is a violation of the right to a fair trial when the defendant could not be present;
What if you cannot attend?
In principle, if you are ill, the case should be postponed. That illness does not initially affect your right to be present. However, sometimes this will not be the case and the judge will allow the case to proceed anyway. This may be the case, for example, because of the obligation to settle a case within a reasonable time or because -if one were to wait longer- the reliability of the evidence would be affected. Of course, one can always choose to be represented by a lawyer.
A problem also arises if the defendant is in another country and has not yet been surrendered. Again, the same maxim applies that in principle the case must be postponed unless the accused chooses to be represented. Only in the event that the postponement results in an unjustifiable delay can the trial be commenced in the absence of the accused or his representative attorney.
In short, as a defendant, you have a fundamental right to be present at trial. Sometimes you will even have "more right" to be present than in other cases. Even if you are in the impossibility of being present, that right does not expire, and the case should basically be postponed unless you choose to have an attorney represent you. Good communication and a relationship of trust with the attorney is therefore essential.
