Procedural Implications Resulting from Opposition to In Absentia Criminal Judgments: A Comparative Study (Al-Athar al-Ijra'iyyah al-Mutarattibah ala al-Mu'aradah fi al-Ahkam al-Jina'iyyah al-Ghiyabiyyah: Dirasah Muqaranah)

A Comparative Study

Abstract

The most correct view in the French, Egyptian and Libyan criminal jurisprudence is that if the convict proceeds in absentia by way of appeal by appeal, then he is not entitled to appeal by opposition. Also, it is established in the French, Egyptian and Libyan legislation that it is not permissible to appeal by cassation as long as the appeal by way of

opposition is permissible.

The Egyptian and Libyan legislators have arranged for opposition in misdemeanor articles to have a temporary effect, and this matter is represented in stopping the execution of the judgment in absentia and cutting the statute of limitations period, while the French legislator took the projecting effect of opposition on the judgment in absentia in the

event of the convicted person's presence.