Criminal procedure in absentia: problems arising from newest court practices

The article analyses legal sphere, that has a lack of proper attention of the scholars – criminal proceedings in the absence of the accused or in other words – procedure in absentia. This is a specific form of criminal proceedings, but it’s practical application and influence into the principles of criminal procedure law and practice is usually unappreciable. Lately it has begun to discuss about the couple of the institutes of criminal procedure branch – proceedings in absentia and exclusion of criminal matters in the first instance courts, its differences and meaning for the procedural guarantees of criminal participants, current procedural principles and, it should be emphasised – the function of defence in the proceedings and its tactics. The authors of this contribution underline the brand-new judicial practice that let us to know the Lithuanian higher courts more and more find mistakes while lower courts examining questions regarding exclusions of criminal matters while the defendant avoids attending the court sessions. The judicial practice of Lithuanian Court of Appeal shows, the lower courts are still not dare to apply the rules of proceedings in absentia, not always (to narrow) properly and correctly interpret the legal provisions of procedure in absentia. And this situation makes preconditions to hinder the aim of criminal proceedings, set in the Article 1 of Code Criminal Procedure, as well as limit procedural guarantees and finally – push defense lawyer into the stalemate due to the lack of mutual coordination of defendant‘s defense position. Authors present and analyse brand new judicial practice, finally make conclusions