trial in absentia
A case tried without the defendant present, governed by retsplejeloven § 855(3)
Trial in absentia is a criminal case that proceeds to judgment without the defendant being physically present during the main hearing. The term is of Latin origin and is used as an international and academic designation, but it has no status as an independent legal term in Danish criminal law. The corresponding Danish construction is a judgment by default (udeblivelsesdom).
Under Danish law, the possibility of proceeding with a criminal case without the defendant's presence is governed by the Danish Administration of Justice Act (retsplejeloven) § 855(3). The provision sets out the conditions that must be met for the court lawfully to conduct the proceedings and deliver judgment in the defendant's absence. Among the central requirements is that the court does not find the defendant's personal presence necessary for a proper handling of the case.
Judgments by default are not an extraordinary legal remedy, but a procedural option that may be used under specific circumstances to avoid undue delay of the proceedings. It is the court that makes a concrete assessment of whether the conditions are satisfied in the individual case.
