Procedures of Criminal Trial for the Absconding Defendant and Their Legal Consequences

Abstract

This study addresses the legal issues related to the trial of a defendant fleeing from justice under Yemeni law, through a critical analysis of Articles (285–295) of the Criminal Procedure Law and the Articles (68, 69) of the Military Law, in light of constitutional principles and international standards of fair trial. The research highlights the evident legislative shortcomings in distinguishing between absconding and ordinary absence, the lack of reliance on electronic notification methods, the weak guarantees of the right to defense, and the inconsistencies between trial procedures in civil and military courts. It also reveals the absence of effective mechanisms for retrial. The researcher adopts an analytical and comparative methodology, examining the experiences of Egypt, France, and Jordan, to demonstrate the gap between legal texts and judicial practices. The study proposes innovative legislative amendments, including the reformulation of Article (289), suspension of the execution of judgments in absentia, adoption of electronic means of notification, mandatory appointment of a defense lawyer for the absent defendant, and the provision of his legal fees and compensation. This research, from an academic, professional, and national perspective, seeks to contribute to the development of Yemen’s criminal justice system in a way that ensures judicial effectiveness, safeguards constitutional rights, and strengthens public confidence in justice.