In this article we analyze the concept and limits of the concept of "due process" through the European Court of Human Rights. As principles of judicial process to be guaranteed the defendant during trial of the case in his absence will be considered equality of arms, access to justice, administration and assessment of evidence. Will be analyzed situations that the European Court has described a state of affairs as interference by proceedings in absentia, failure to ensure the rights of the defendant in terms of the right to a fair trial is established that margin that exceeds the minimum allowable to qualify a situation as a violation of legal provisions. There will also be analyzed in terms of the European Convention on Human Rights and the practice field, rights and guarantees of a fair trial to be taken against the absent defendant at trial if the case tried in his absence.