Criminal Proceedings In Absentia Study

The criminal trial of default refers to the trial in the criminal prosecution which is carried on because of the absence of a party. In some western countries with trial system, the trial of default is usually carried on during the absence of the defendant. While in the three main procedural laws of our country, the Civil Procedural Law and the Administrative Procedural Law both have stipulations about the trial of default except the Criminal Procedural Law. On October 31 2003, the United Nations General Assembly passed "the United Nations Counter-corruption Joint pledge" on which our government signed On December 12 in the same year. It uses large length to stipulate the criminal proceedings of punishing corruption and the recovery of property which is transferred abroad. With the frequent occurrence of cases in recent years that corrupt officials carry huge illicit money to flight abroad, a large number of judicial practice in our country cannot be closed because of lack of the criminal system of trial by default. It results in many problems, for example, the criminal has not received prompt penalty and losses suffered by crime victims have not been adequately compensated in a timely manner and so on. So many scholars call for the establishment of criminal system of trial by default. In view of the fact that our country's judicial status and the system itself has special values such as punishing criminals, protecting the rights of the victims, reflecting the values of the criminal procedure and so on,the author also considers that it's necessary to establish this system in our country. In order to achieve the greatest fairness in criminal proceedings, according to the brief introduction and analysis of the system in other countries and our country's status quo, the author points out some problems that we need pay attention in the course of establishing the system such as the scope of the system's application, the applicable conditions, the relief of the objection of the default judgment and so on.