Alinea 114 Parket bij de Hoge Raad 16 december 2003

"37. (...)(ii) A person charged with a criminal offence should, as a general principle based on the notion of a fair trial, be entitled to be present at the first-instance trial hearing. However, the personal attendance of the defendant does not necessarily take on the same significance for an appeal hearing. Indeed, even where an appellate court has full jurisdiction to review the case on questions both of fact and law, Article 6 does not always entail rights to a public hearing and to be present in person. Regard must be had in assessing this question to, inter alia, the special features of the proceedings involved and the manner in which the defence's interests are presented and protected before the appellate court, particularly in the light of the issues to be decided by it and their importance for the appellant (see, inter alia, the above-mentioned Ekbatani judgment, p. 12, § 25; the Helmers v. Swedenjudgment of 29 October 1991, Series A no. 212-A, p. 15, § 31- 32; and the Kremzow v. Austria judgment of 21 September 1993, Series A no. 268-B, p. 43, § 58-59)."(17)

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