Research On The Lawyer’s Defense In The Criminal Trial By Default

The newly added trial by default procedure in the criminal procedure law of 2018 is in line with the current era background of China’s fight against corruption,severe punishment of crimes against national security,terrorist activities and overseas pursuit of stolen goods.At the same time,the absence trial of the case where the defendant cannot appear in court due to illness and the defendant dies is also conducive to improving the trial efficiency and safeguarding the interests of the victim,so as to reasonably allocate judicial resources,reflecting the progress of criminal legislation in China.However,no system design is perfect,criminal trial by default as a new special procedure inevitably has defects,the most prominent of which is that the absence of the defendant makes it unable to personally exercise the right of defense,which may affect the realization of procedural justice.Although the criminal procedure law has stipulated the defense of trial by default,there are still many problems.For example,China’s legal aid defense is insufficient to protect the defense rights of overseas absconds;there is a lack of provisions on Lawyers’ intervention in the pre-trial stage;lawyers’ litigation rights are not clear in the absence of trial procedures;and various problems faced by China’s criminal defense in reality will have a negative impact on the role of lawyers.Therefore,the problem of lawyer’s defense in the absence trial procedure is worthy of our analysis and study.Because the original intention of setting up trial by default in China is to solve the practical problems of anti-corruption and recovery of stolen goods abroad,and due to the limited space,this paper only studies the lawyer’s defense in the application of trial by default in the case of the defendant abroad in article 291 of the Criminal Procedure Law.First of all,this paper first discusses the basis of lawyer’s intervention in the trial by default,and combs and reflects on the legislative development of lawyer’s defense in the trial by default in China;through the investigation and comparison of similar laws and regulations represented by the United States,Britain,Germany,France and other countries and the relevant legislation in Macao,this paper analyzes the difficulties faced by lawyer’s defense in the trial by default in China,and then puts forward that To perfect the concrete measures of lawyer’s defense in criminal trial by default.