The Perfection Of Our Criminal Trial System In Absentia

In 2018 the establishment of system of our country criminal absentia,effectively made up for the defendant cannot attend the court hearing the case to the defects of,will help combat corruption crime,strengthen anti-corruption work pursuit recover stolen money or goods,improve the efficiency of litigation.However,different from the traditional bench trial,the defendant in criminal trial by default is absent from the trial,and the exercise of relevant rights is limited to a certain extent.And the "criminal procedural law" the regulation on still exist,such as the narrow scope,inadequate protection of the right to defence on part of the defendant,served the way is difficult to guarantee the effect,close relative independent right of appeal did not limit,the defendant relief sexual rights safeguard mechanism is imperfect and the absence of trial procedure and unlawful income confiscated application problems such as unclear boundaries.In order to solve these problems in the specific application process,enhance the operability of the criminal trial by default system.On the application scope of criminal trial by default,we should properly expand the case application.In addition,the circumstances in which the defendant is taken out of court in violation of court order and the circumstances in which he or she intentionally loses his or her litigation capacity in some way of illness or non-illness are included in the scope of application of absence,so as to prevent the accused from intentionally obstructing the litigation process and giving play to the litigation value of absence procedure;In terms of protecting the defendant’s right to defense,we should ensure that the lawyers have a timely understanding of the case,and should also stipulate the mandatory defense of the absent defendant by lawyers to safeguard the legitimate rights and interests of the defendant.In terms of service procedure,the principle of direct service of legal documents is to serve the defendant himself.When it is difficult to directly serve legal documents,other supplementary service methods can be adopted to confirm the receipt of the defendant,such as fax,We Chat,mail,etc.In terms of the right of appeal of the close relatives of the defendant,it should be stipulated that the right of appeal of the close relatives of the defendant should be filed for the benefit of the defendant,and the explicit intention of the defendant should not be violated.In terms of the relief measures after the return of the accused,the conditions and levels of trial should be clarified for the retrial procedure in the process of trial by default and after the judgment by default.On the connection between the procedure of confiscation of illegal gains and the procedure of trial in absentia,we should make clear the independent relationship between the two procedures,and detail the specific application steps of the two procedures,so as to provide basic guarantee for the selection and application of the two procedures in practice.