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On The Improvement Of The Criminal Trial In Absentia

Posted on:2020-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:D N HeFull Text:PDF
GTID:2416330590461597Subject:Law
Abstract/Summary:PDF Full Text Request
After the revision of the Criminal Procedure Law of 2018,the trial procedure for absenteeism was formally established,which provided a more reliable legal procedure guarantee for the work of pursuing fugitives and recovering money abroad,and helped to promote the construction of anti-corruption.In general,the design of the program is in line with national conditions and can be linked with international rules.However,from the perspective of safeguarding human rights,there is still room for improvement in the three stages of pre-trial review and preparation,court trial and trial relief.This paper intends to find practical and feasible suggestions for the improvement of procedures through comparative analysis and text analysis,and try to reduce the derogation of the defendant's rights due to absenteeism,and take into account the value of combating crime and the value of safeguarding human rights.This article can be divided into four parts.In the first part,this article will introduce the basic theory of absentee trial procedure.On this basis,it points out the necessity of perfecting the procedure,that is,the procedure will inevitably detract from the rights of the accused and cause some negative effects.Therefore,it is necessary to strengthen human rights protection in the various litigation stages.The second part focuses on the pre-trial review and preparation stage,and examines the rights protection from both the applicable conditions and the delivery notice.First of all,it is necessary to strictly limit the application of trials in absentia: on the one hand,it is necessary to conduct an appropriate examination and partial refinement of the scope of application;on the other hand,it is necessary to increase the conditions for prosecution in order to raise the threshold for litigation.Second,after the court accepts the case,it is necessary to pay special attention to the defendant's right to know,because the trial in absentia is justified after the defendant voluntarily abandons the right to appear in court after the defendant actually knows the litigation information.The third part focuses on the defense activities,evidence activities and sentencing restrictions in the trial stage of the court.Since the defendant is absent from the trial,his right to defense will be greatly affected.Even if the compulsory defense system is applied,the protection is not enough.In order to get the defendant to get the substantive help from the lawyer,it is necessary to ask the defense lawyer to effectively defend the defense and avoid the ineffective defense.Second,the accused who is absent from trial cannot prove the evidence in court.This requires suggestions from the perspective of the people's court and the defendant.Thirdly,in the course of trial in absentia,The court cannot sentence the defendant to death,which heips to reduce the obstacles encountered when requesting another country to extradite or repatriate the accused.The fourth part mainly discusses the improvement of the trial relief stage.In addition to the need to improve the general relief path,it is also necessary to refine the special relief path,that is,the retrial caused by the right of dissent.On the basis of understanding its legislative background,it clears the theoretical obstacles,makes reasonable arrangements for the right to objection,and builds a procedure for retrial.
Keywords/Search Tags:trial in absentia, human rights protection, right to defense, retrial
PDF Full Text Request
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