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Research On The Protection Of The Defendant's Rights In The System Of Criminal In Absentia Trial

Posted on:2022-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:L Q HanFull Text:PDF
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With the adoption of "Criminal Procedure Law(Amendment)"in 2018,the criminal trial system in absentia has been established and perfected in our country,and a win-win pattern of fairness,justice and efficiency seems to be forming.However,the criminal trial in absentia system still has some defects in the protection of the rights of the accused in practice.This paper will study the protection of the defendant's procedural rights from four aspects,namely,the right to know,the right to defense,the right to appeal and the right to dissent,without addressing substantive rights such as property rights.The core idea of this paper is that the procedural rights of the defendant in the criminal default trial system should be protected to maintain the unity of judicial efficiency and fairness and justice.It is divided into four aspects:First of all,on the right to information.The defendant's right to know is the basis for the opening of the criminal trial in absentia.The means of service should be optimized to make up for the inadequacy of existing service provisions to ensure that the defendant's right to know is not violated.Improve the standard of obligation to serve and define the standard of service awareness as actual awareness.Detailed notification procedures,innovative delivery methods and expanding the delivery object are all ways to consider.Notice service should be carefully applied,unless the defendant's country initiatively proposed or allowed to apply notice service as a means of service,otherwise should not apply.Secondly,about the right of defense.Compared with the traditional counterpart trial,the absence trial breaks the situation of equal confrontation between the prosecution and the defense,and makes the defendant in a weak position.Multiple means should be taken to safeguard the defendant's right to defense.The protection of the defendant's right to defense can be achieved by guaranteeing the lawyer's meetings,strengthening the defense of the defendant's right to defense and protecting the principle of direct testimony of witnesses.Thirdly,on the right to appeal.The provisions on the right to appeal should be detailed,the time limit for the exercise of the right to appeal should be determined,and the independent right to appeal of the defendant's close relatives should be limited and discussed in classification.Finally,on the right to objection.At present,our country lacks the sufficient detailed stipulation regarding the defendant objection right in the criminal trial by default system.There is a coincidence between the right of objection and the right to apply for retrial,and there is no clear term of exercise and pre-procedure.The lack of restrictions on the exercise of the defendant's right of objection is actually not conducive to the effectiveness of the exercise of the defendant's right of objection.The application of the defendant's right of objection and the right of retrial should be clarified,the time limit for the exercise of the defendant's right of objection should be clarified,and the exercise of the defendant's right of objection should be restricted.
Keywords/Search Tags:Criminal trial in absentia, Procedural rights, Guarantee of rights
PDF Full Text Request
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