Study On Criminal Absence Trial Procedure In Bribery And Corruption Cases

As an exception to the trial by default procedure,criminal trial by default refers to a special procedure in which the defendant is convicted and sentenced and the property involved is disposed of,rather than "suspended" or "terminated" when the defendant is not present in court.In addition to helping the current anti-corruption work and recovering the state-owned assets transferred abroad,the default trial procedure also pays attention to the protection of the litigation rights of the criminal suspects and defendants in the default trial procedure,so as to strengthen the fairness of the default trial of criminal cases such as corruption and bribery,and make up for the inherent defects of the criminal default trial procedure.In order to make our criminal default judgments conform to the provisions of the United Nations Convention against Corruption,strengthen the confiscation procedure of illegal income,strengthen the integration and connection between our legal provisions and the provisions of the Convention,provide effective criminal judgments acceptable to the parties to the Convention,and play a role in recovering bribery cases and transferring foreign state-owned assets.The article is divided into four chapters:The first chapter is the basic overview of the criminal default trial procedure in bribery cases.Firstly,it interprets the connotation of the trial by default procedure in conjunction with the provisions of the revised Criminal Procedure Law,and combs the concepts and characteristics of the trial by default procedure in corruption cases.Secondly,it combs and analyses the value of the criminal default trial procedure in bribery cases,demonstrates the value of the criminal default trial procedure from various aspects,multi-level and multi-angle,emphasizes that the default trial procedure can take into account both litigation justice and litigation efficiency,punish crimes while safeguarding human rights,and promote international judicial cooperation and judicial assistance.Chapter two is a comparative study of criminal default trial procedure in foreign countries.Criminal trial by default procedure has been prevalent in modern criminal procedure.Not only the western countries ruled by law regard it as an important fine and strict provision of judicial procedure,but also the United Nations Convention against Corruption takes it as a key content.All-round investigation and study of foreign criminal trial by default provides theoretical support for the establishment of criminal trial by default,as well as a feasible reference for the comprehensive understanding of its litigation concept and operation principle.This paper takes the relevant provisions of the United Nations and other international organizations,civil law countries and common law countries as the research object,and makes a comparative study of the criminal default trial procedure,with a view to benefiting the specific path selection of the criminal default trial procedure in China.Chapter three studies the legislative situation,combs the legislative background,and points out the need to further strengthen the existing legislation.It points out that the legislation of our country in the criminal default trial procedure of bribery cases is not perfect and needs to be improved.For example,the applicable conditions of the law for the default trial are not clear,the protection of the rights of the defendant is not in place,the standard of proof for the criminal default trial procedure is not clear,and there is some overlap with the function of the illegal income confiscation procedure,but the law is not clear about how to deal with it.Choose both to specify clearly.When the defendant appears in the criminal default trial procedure or the defendant raises objections to the effective judgment,the re-trial procedure design also lacks clear provisions,which need to be further improved and strengthened.Chapter four chooses a feasible and perfect way to solve the problems in Chapter three.In order to make the criminal default trial procedure of bribery cases more operable,firstly,it clarifies the applicable situation and conditions of bribery cases;secondly,in order to make up for the inherent defects of the criminal default trial procedure of bribery cases,that is,when the defendant is not present,it makes the absent defendant for bribery cases.The judgment of a person should fully safeguard the litigation rights of the absent defendant in bribery cases;thirdly,discuss the proof standard of the absence trial procedure to make it more operable in judicial practice;thirdly,put forward suggestions and Countermeasures to link up with the procedure of confiscation of illegal income in order to better serve the overseas pursuit of stolen goods in bribery cases;lastly,from the defendant to the case and the absence of stolen goods.The defendant raised objection after the judgment came into effect,and discussed the re-trial procedure from two perspectives,and designed the re-trial procedure according to the first,second and retrial stages.While choosing the perfect path for the trial procedure of criminal default in bribery cases,this paper also analyses and explores the perfect suggestions for supporting systems such as the defense system,the reasoning system of judgments and the service system.