Research On The Trial Procedure Of Criminal Absenteeism For Fugitives

When the Criminal Procedure Law was revised in 2012,in order to combat corruption and bribery,the criminal suspects who fled overseas were pursued and recovered,and illegal income confiscation procedures were added However,the procedures can only be used for the trial of "property" and cannot be convicted of"persons." Sentencing.In 2018,the Criminal Procedure Law was amended to establish a criminal trial procedure by default.The purpose is to combat corruption and bribery crimes that evade trial,as well as those fleeing people who seriously endanger national security and terrorist activities that need to be tried in a timely manner Trial in absentia for these three types of escaped persons and then conviction and sentencing demonstrates my country's determination to punish crimes and the concept of prosecution and trial.my country's criminal default trial procedure is still in the exploratory stage.The legal provisions are relatively rough,the number of articles is small.and the operability is poor.The current legal regulations are difficult to meet the needs of judicial practice.Therefore,the problems in the procedure are addressed from the criminal default trial of expatriates-research.In the pre-trial stage,the Supreme People' Procuratorate approved the details of the case,including the way in which documents are delivered to ensure the right to know.There are certain problems;the effectiveness of the mandatory defense of the defendant in absentia at the trial stage and whether the proving standard of the absentee trial procedure needs to be adjusted?Excluding those who may be sentenced to death from the exodus from the application of the trial procedure in absentia;whether the raising of the right of objection in the post-trial relief stage needs to be restricted and how the retrial procedure is specifically operated and other issues are studied.By studying the criminal default procedures of countries outside the region,from the scope of application,rights protection,and relief procedures,sum up the criminal default procedures of our country can learn from,to improve out country's criminal default procedures.In response to more discussed issues,combining the experience that countries outside the region can learn from,we put forward reasonable suggestions,such as expanding the service of documents and increasing the objects of service,so as to ensure the right to know of the defendant in absentia,and reduce the standard of proof for the trial procedure in absentia.Increase the application rate of criminal default trials and refine the specific procedures for retrials.