Abstract:
It is a fundamental principle of the law of criminal procedure in every civilized community that
the trial of an accused must take place in his presence, and that the court’s verdict and its
imposition of sentence must also be announced in his presence. Thus, an accused must be
physically present at the trial so that he can participate in a meaningful and informed manner
in the criminal proceedings instituted against him. The accused’s other rights such as the right
to put his case, the right to understand and the right to confrontation are dependent on his right
to be present at the trial. Therefore, an accused’s presence at the trial is fundamental to the
accused effectively exercising his rights to defend. The rationale for an accused’s presence is
that the public has an interest in the outcome of the case. The accused’s presence is not only
important to establish the factual circumstances of the case. It also enables the court to correctly
assess the accused’s personality and character. Consequently, the accused’s ability to influence
the court’s decision on the criminal charges brought against him as a result of his presence is
also important. Therefore, there exists a public and individual interest rationale underlying the
need for the accused’s presence during the hearing or the proceedings. However, the right to
be present at trial is not an absolute right. Rather, a trial will be conducted in default for various
reasons and for the interest of the public. It is a requirement of any legal system to decide its
cases quickly. If the punishment serves any purpose (deterrence, rehabilitation or retribution),
it makes no sense to postpone its application without a sound reason. The sooner it is applied,
the more efficient it becomes. Second, the trial, which is the only legal way to apply a
punishment, would not function properly if the cases are decided long after the criminal
conduct. Witnesses tend to forget about past actions, some of them will move out of the city,
and records will get lost. In sum, it becomes more difficult for both the government and the
defendant to collect evidence. Finally, if society has a legitimate interest in the resolution of
criminal cases, it is obvious that a delay in trial and punishment does not help to fortify the
confidence of the people in the judicial system. One way to avoid these negative consequences
is a trial in absentia. Because, Trial in Absentia helps to prevent the defendants from
manipulating the judicial system. This paper will analyze how the balance between trials in
absentia and the right to defend is maintaining in Ethiopia in general and in west Gojam in
particular. The researcher in this paper will deeply discuss the Ethiopian legal frameworks on
the area and will assess the practice in west Gojam.