| In 2018,in order to tighten the cage against corruption,China timely introduced the criminal absentia trial system.On the basis of respecting the accused’s abandonment of appearance for trial,the country first adopted a two-track system of absentia trial and confiscation of illegal income.The establishment of this system is conducive to deepening China ’s overseas anti-corruption fugitives and asset recovery system,connect criminal justice with the United Nations Convention against Corruption,promote China’ s more scientific criminal litigation system and complete,and tighten the law to crack down on corruption crimes.At the same time,the system has rough provisions and unclear definitions in terms of applicable conditions and relief rights,and the connection with the confiscation of illegal income system is not stipulated,and it is not coordinated and applied with the conventional means of pursuing fugitives and recovering stolen assets.On the basis of respecting the voluntariness of the defendant,the foreign criminal absentia trial system strictly restricts the application of the system,and is used more in minor cases,and attaches great importance to the relief measures of the system.Foreign criminal absentia trial system has a certain reference significance to China,but it cannot be copied.In order to better improve the system,it is necessary to start from the following three aspects: In terms of applicable conditions,"corruption and bribery" should be strictly limited to Chapter 8 of the Criminal Law,interpret "overseas" as having credible evidence that criminals have fled abroad,and clarify the related crimes and the application of the death penalty.In terms of safeguarding litigation rights,we will improve the time limit for serving the document,protect the defendant ’s right to know,and improve the defendant’ s way of relief through relief by refining the right of defense,the right of appeal and the right of objection.In terms of building a diversified mechanism for overseas fugitives and asset recovery,we will scientifically coordinate the problem of criminal absentia trial procedures and the confiscation of illegal income,and make full use of conventional schemes such as persuasion and extradition,taking the two criminal systems as means to effectively fight anti-corruption fugitives and asset recovery. |
