Reopening of the criminal proceedings in the case of judgment in absentia

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

Merely leaving the Romanian territory, even if this occurred during criminal prosecution, is not sufficient itself to place the convicted in absentia in the category of a fugitive, however it should be accompanied by other evidence which mainly proves that, abroad, he has lived in hiding from the community just for the purpose of avoiding the criminal procedures pending in Romania. There is no such evidence, as far as the petitioner repeatedly reported to the rights and freedoms judge about his imminent return abroad, and after being released, he actually returned to his family and social background set up on the territory of another state and, moreover, he had several jobs abroad, including pursuant to an employment agreement, and lived an active social life. In this way, after his departure from Romania the petitioner has not behaved as a fugitive.