A Comparative Study of Legal Practices in European Jurisdictions and Azerbaijan in Absentia Trials

Objective: The objective of this study is to examine the adoption of in absentia trials in Azerbaijan following the 2023-2024 legal reforms, focusing on the balance between judicial efficiency and defendants' rights. This issue is particularly crucial as Azerbaijan continues to modernize its legal system to align with international standards, especially in the context of transitional justice. Azerbaijan's legal system, though based on the Roman legal tradition, is relatively young, and still in transition from Soviet-era practices. Theoretical Framework: Theoretical Framework grounded in human rights principles, especially the right to a fair trial enshrined in Article 6 of the European Convention on Human Rights (ECHR). It draws on the Roman-German legal tradition that has influenced countries like Italy, Germany, and Belgium, thereby shaping Azerbaijan’s approach to in absentia trials. Method: The method further examines how these safeguards align with ECHR standards and compares them to practices in Italy, Germany, and Belgium. Moreover, it explores recent and relevant cases of in absentia trials in other countries, and the potential challenges Azerbaijan may face as it implements similar reforms. Results and Discussion: Results and Discussion show that Azerbaijan’s legal reforms have incorporated procedural safeguards akin to those in Italy and Germany, ensuring robust protection of defendants' rights while promoting judicial efficiency. However, the study also notes that Azerbaijan’s legal system, despite its Roman law foundation, is relatively new and lacks the depth of experience necessary to fully implement more advanced legal concepts like in absentia trials. Research Implications: Research Implications suggest that by modernizing its legal framework in line with European standards, Azerbaijan demonstrates how judicial reforms can be both efficient and rights-compliant, filling gaps rooted in its transition from Soviet-era legal systems to a Roman law-based framework. Originality/Value: The research contributes to understanding how in absentia trials, as a judicial innovation, can be successfully integrated into a developing legal system like Azerbaijan's, providing valuable lessons for other states in transition.