In absentia

In Dutch criminal and civil law, proceedings may be conducted in absentia where a party, having been duly summoned, fails to appear at the hearing. The case is then heard and determined without the absent party having submitted a defence, whether orally or in writing.

This approach is necessary to enable the legal system to function without undue delay, while preserving the absent party’s right to exercise their remedies through opposition or appeal. It prevents a defendant from obstructing proceedings merely by non-appearance.

In practice, proceedings in absentia are chiefly used in default judgments in criminal matters or in civil proceedings where the opposing party is unreachable or seeks to evade the judicial process.