Study On Relief Procedure Of Criminal Trial In Absentia

The criminal trial by default procedure officially established in 2018 is to maximize the efficiency of litigation under the premise of ensuring justice.Before is not confirmed in absentia program,for the absence of the defendant,the people’s court cases will be returned to the people’s procuratorate or a decision to suspend the trial,and there is no doubt that this will not only result in some cases faced the possibility of damage to or loss of evidence,the case can’t get a fair trial,and will make the country unable to exercise the right of punishment in time,recovery of state property loss.The establishment of criminal trial in absentia can avoid "delayed justice",severely punish corruption crimes and cooperate with international anti-corruption work.In modern democratic society ruled by law,any reform or innovation of legal system must be centered on the protection of rights.Generally speaking,the establishment of criminal trial procedure in absentia is to a large extent to ensure the efficiency of proceedings.In order to protect the rights of the accused,realize fairness and justice and meet the needs of international extradition of criminal suspects,the accused should be given full relief rights to make up for the possible damage of rights caused by criminal trial in absentia.However,the overall provisions on the relief procedure of criminal trial by default in China’s legislation are relatively general and careless,and the provisions on the exercise of the right of appeal by close relatives in the appeal procedure are relatively principled,there are no provisions during the appeal period,and there are legislative loopholes in the object of appeal.The application of objection right in the objection procedure is not limited,the period of exercise is not clear,and there is no prescribed procedure of raising objection.Level jurisdiction problems existing in the current rehearing procedure,whether the program did not make provisions shall be applicable,applicable ban adverse change without clear,in the practice of the existence of these problems can lead to criminal absentia relief procedure of operability is not strong,which affects the criminal suspect or defendant procedural rights protection and flight efficiency of criminal litigation.In the absence of the based on our country’s criminal trial procedure established under the premise of the legislative purpose,draw lessons from France,Germany,the Netherlands,Italy,four typical continental law family country criminal in absentia relief program and dissent right of appeal deadline to exercise their limited experience,criminal absentia relief procedure in our country the improvement of the deficient problem put forward the corresponding suggestion,For research and reference.First of all,improve and standardize the appeal procedure,mainly refining the provisions of the appeal of close relatives,the time limit of appeal and the ruling into the appeal object.Secondly,limit the application of objection right and perfect the procedure of raising objection.Finally,the retrial procedure can be refined by clarifying the jurisdiction level and applicable procedure of retrial and applying the principle of prohibition of adverse change.In order to protect the rights of the accused and maintain the long-term and stable development of China’s criminal trial in absentia,further research on the relief procedure of China’s criminal trial in absentia is of great theoretical and practical value to continue to improve the anti-corruption system in the future.