In Absentia

In absentia is Latin for "in the absence". In legal use, it usually means a trial at which the defendant is not physically present. The phrase is not ordinarily a mere observation, but suggests recognition of violation to a defendant's right to be present in court proceedings in a criminal trial.

In common law legal systems, conviction of a person in absentia, that is, in a trial in which he/she is not present to answer the charges, is held to be a violation of natural justice. Specifically, it violates the second principle of natural justice, audi alteram partem (hear the alternative party too). By contrast, in some civil law legal systems, such as Italy, trial in absentia is permitted. Such trials may require the presence of the defendant's lawyer depending on the country.