Study On The Trial Procedure For The Absence Of Corrupt Officials

The amendments to the Criminal Procedure Law of the People's Republic of China,which were promulgated and implemented on October 26,2018,established criminal trial proceedings in absentia.This provision fills the gap of absent trials in China's criminal procedure law.It provides legal support and a reliable procedural guarantee for the hunt for those who have fled abroad and the recovery of ill-gotten gains,moreover,it makes another new breakthrough from "property confiscation" to "criminal trial " aimed at absconding corrupt officials,followed by the revision of the Criminal Procedure Law in 2012.It is the symbol that the country's rule of laws are in accordance with international standards,and also shows China's determination to fight against corruption and to investigate corruption.However,as a newly established procedure,the absent-corruption trial procedure needs to be continuously improved in practice.This article intends to discuss the newly made amendments from the following five parts:The introduction part briefly introduces the background of the establishment of criminal absentia trial procedures of Chinese fugitive officials abroad and the practical difficulties they may face.The first part focuses on explaining the basic theory of absent-of-corruption officials 'trial procedure in absentia,which is mainly carried out from the aspects of the connotation and characteristics of absent-of-corruption officials' trialprocedure in absentia and the significance of the establishment of the procedure.The second part focuses on investigating the foreign absentia trial procedure of absconding corrupt officials.Through the review of relevant criminal absentia trial procedures in the International Convention against Corruption,Anglo-American law countries,and civil law countries,it provides references for the improvement of related procedures in China.The third part concentrates on the improvements by analyzing the problems faced by the absent-corruption officer's criminal default trial procedure and the procedure of confiscation of illegal proceeds,and the retrial of the case after the criminal suspect and absent defendant who are brought back to court.The fourth part mainly proposes relevant suggestions to improve the absent-corruption officer's absence trial procedure and the confiscation of illegal gains procedure and the retrial procedure of the absent defendant after returning to court.Specifically,it includes the following aspects: Reasonably coordinating and applying the procedures of absentia trial and confiscation of illegal income;clearly positioning the retrial as a brand new litigation procedure;proposing to restore the case to its original state before retrial;adding an objection application review procedure;further refinement of other relief rights.