Müasir hüquq sistemlərində qiyabi mühakimə icraatı: inkişaf və tətbiq problemləri

This study explores the implementation of in absentia trials in the Azerbaijani legal system following the 2023–2024 legislative reforms, assessing their impact on judicial efficiency and the protection of defendants' rights. The reforms introduced Chapter LIV-2 (Articles 467-12 to 467-17) into the Criminal Procedure Code, establishing a normative legal framework for conducting trials in the absence of the accused, particularly in cases involving serious crimes such as terrorism, treason, and organized crime. Grounded in fundamental human rights principles, the study evaluates the compatibility of Azerbaijan’s legal safeguards with Article 6 of the European Convention on Human Rights (ECHR). Using a comparative legal approach, the research analyzes in absentia trial practices in Italy, Germany, and Turkey. The findings indicate that Azerbaijan’s legal framework incorporates essential defense mechanisms—particularly mandatory legal representation and access to effective appeal procedures—similar to those in Italy and Germany. However, practical challenges remain regarding the effectiveness of notification procedures and the enforceability of appeal rights. While strict procedural guarantees in Germany minimize the risk of unfair trials, the lack of stable jurisprudence in Azerbaijan creates certain legal gaps. The study highlights the dual influence on Azerbaijan’s legal development: the legacy of the Soviet legal tradition and the country's ongoing efforts to align with European legal standards. In this context, strengthening legal safeguards is considered essential for enhancing transparency and fairness in judicial proceedings. Moreover, the research links in absentia trials to the United Nations Sustainable Development Goal (SDG) 16—promoting access to justice and building effective institutions—underscoring their broader significance in advancing justice within transitional legal systems. Keywords: in absentia proceedings, European jurisdiction, fundamental rights and freedoms, European Convention on Human Rights (ECHR), accused persons.