Research On The Legal Issues Of Criminal Absence Trial Procedure

In order to strengthen the fight against corruption crimes,China's 2012 Criminal Procedure Law has set up a confiscation procedure for illegal gains of fugitives,but the procedure criminalizes the criminals who are not “persons” and cannot escape.In order to make up for this deficiency,in 2018,China's newly revised "Criminal Procedure Law" added a criminal trial procedure for criminal absenteeism,aiming at strengthening the criminal accountability of the criminals who escaped from corruption.When designing the trial procedure for criminal default,the country stipulates the system of document delivery,the mandatory defense system for lawyers,the system for restarting the trial system of independent appeal system,and the protest system of the Procuratorate.The criminal trial of absenteeism is different from the civil trial system.In order to protect the defendant's litigation rights,the legislature must be stricter in the issue of human rights protection when designing the criminal trial procedure.Fighting crime is important in dealing with the problem of people fleeing corruption cases,but it cannot ignore the requirement of protecting human rights.Some countries have perfected the trial of criminal trials in absentia.China has not formulated this procedure for the first time without pilots,and studying the legislative practice of other countries has certain reference significance for China.By analyzing the anti-corruption model and the criminal trial procedure in the United States,the United Kingdom,Canada and other countries,and comparing the applicable conditions and scope of the trial procedure outside the extra-territorial trial,it can be found that the extra-territorial countries do not use the specific case type when designing the procedure.Applicable to the object,but divided according to the criteria of misdemeanor and felony.By comparing the anti-corruption mechanism outside the domain,we can find the shortcomings of the criminal trial system in China.The type of application may result in felony sin and trial,and misdemeanor is not.The accused may be absent in trial and voluntarily give up.problem.Failure to establish standards for the trial procedure restart system may make the trial of absenteeism easily overturned.Therefore,the authorbelieves that these two provisions should be improved.First,it is necessary to expand the scope of application of the trial procedure in absentia.First,a case that may be sentenced to a term of imprisonment of less than one year,criminal detention,control or single fine,if it is still not in court after fulfilling the obligation to inform,may be tried in absentia;second,the defendant voluntarily waives the right to appear in court.The situation can only be tried by the court in absentia.Second,it is necessary to make detailed provisions on the trial restart procedure.First,the defendant who voluntarily applies for waiver of the right to appear in court shall not have the right of dissent;secondly,the content of the right of dissent shall be clearly defined.For details,refer to Article 253 of the Criminal Procedure Law for the initiation of the trial supervision procedure;Third,it is necessary to review the necessity of restarting the program.If the restart condition is met,it can be re-examined by the court of first instance.In order to ensure the smooth progress from litigation to implementation procedures,it is necessary to further improve anti-corruption supporting measures.