Study On The Right To Relief In The System Of Criminal Absence Trial

The revised Code of Criminal Procedure in 2018 added a new trial procedure in criminal absence in Chapter V," Special Procedures," which is a further refinement of the protection of the rights of the accused under criminal proceedings following the first inclusion of human rights guarantees in the Code of Criminal Procedure in 2012.As a supplement to the traditional trial procedure,the trial procedure in absentia can effectively make up for the shortcomings of the accused who cannot be tried without appearing in court,which not only provides a solid legal basis for the anti-corruption work of our country,but also helps to improve the efficiency and efficiency of criminal procedure,and plays a significant role in effectively punishing crime and safeguarding the social interests such as the state and the victims.But at the same time,because the system of criminal trial in absentia breaks the traditional pattern of criminal procedure structure,the defendant cannot participate in the trial directly,and his right to appear in court and other procedural rights are impaired,which affects the legitimate rights and interests of the defendant.The Criminal Procedure Law and the relevant judicial interpretations have systematic provisions on the protection of the rights of the accused under the ordinary procedure,but because the criminal absence trial procedure set up this time in our country is a typical "top-down" legislation,and there is no practical experience to be used for reference in China,the protection of the rights of the accused in the criminal absence trial in our legislation is too general and broad.In order to further improve the protection of the rights of the accused in the trial of criminal absence,reduce the adverse effect of the trial in the trial of absence to some extent on the parties concerned,so that the parties can make up for and recover the violation of their rights,maintain the balance between justice and efficiency,punish crimes and safeguard human rights,and play an effective role in the judicial practice as soon as possible,this paper systematically discusses the five rights of the defendant in the system of criminal absence trial: the right to know,the right of counsel to help,the right of cross-examination,the right of dissent and the right of close relatives to independent appeal.The legislative status of the right to know and the existing problems,and combined with the provisions of the right to know in foreign countries,the content of the right to know is divided into four types,through the reference of foreign advanced legal experience,to explore the degree of the right to know suitable for criminal trial in absentia,from the point of view of perfecting the procedure of service of notice to protect the defendant's right to know;secondly,the lawyer's right to help and its perfection in the criminal trial in absence is discussed.This paper introduces the legislative situation and the existing problems of the defendant's access to counsel under the system of criminal absence trial,and then puts forward some perfect suggestions from two aspects: making clear the time of defense lawyer's intervention and giving defense lawyer's substantive right,and then making the trial in criminal absence again.In the judgment system,the defendant's right of witness is analyzed,and the defects of the defendant's inability to cross-examine in court in criminal absence can be guaranteed by increasing the rate of witness' s appearance and the defense lawyer's right of cross-examination on behalf of the defendant.Furthermore,the author discusses the right of appeal and its perfection in the system of trial in criminal absence.In the light of the current legislative provisions on the right of appeal and the existing problems,this Code of Criminal Procedure provides a broad definition of the right of appeal of the defendant's close relatives under the system of trial in criminal absence,as well as the lack of independent right of appeal for the defense lawyers,it is suggested to restrict the right of independent appeal of close relatives and to grant them.