Research On The Dissent Right Of Fugitive Criminals In Criminal Absentia Trial

With the successful sentencing of Cheng Sanchang case,one of the "Top Ten Cases in 2022 to promote the process of rule of Law in the New Era",which marks the birth of the first case of criminal absentia trial for fugition-type criminals,the academic circle has never stopped the debate on the dissent right of fugition-type criminals in the criminal absentia trial procedure.Although the criminal default trial of fugitives has gone through more than five years from its landing to practice,there are still many problems.It is mainly reflected in the absoluteness that the dissident right of fugitives must be applied once it is mentioned,and the exercise of the dissident right of fugitives lacks necessary pre-examination,etc.Article 295 of the Criminal Procedure Law only makes general provisions on the dissident right of fugitives,but does not make clear provisions on the specific exercise of the dissident right of fugitives.Therefore,we need to further study the dissident right of fugitive criminals in the criminal default trial procedure,trying to make the dissident right of fugitive criminals to be further perfected.It clarifies the basic theory of the dissident right of fugitives and expounds the difference between the scope of application of default trial procedure and the scope of application of dissident right.This paper discusses why the author separately discusses the dissident right of fugitives,and analyzes the differences in the object of application and legislative setup of the dissident right stipulated in Article 295 of the Criminal Procedure Law.Explain why the provision of the right to dissent in Article 295 of the Criminal Procedure Law should be specifically refined as the right to dissent of fugitives.The constituent elements of the dissident right of fugitives are also the content to be discussed in detail in this paper,including the main elements of the dissident right of fugitives,the object elements targeted after the successful mention of the dissident right of fugitives,as well as the time elements for the exercise of the dissident right of fugitives,and the specific and clear elements required for the dissident right of fugitives.Combining with the four difficulties of dissent right of fugitives in criminal trial by default,There are some problems,such as unclear positioning of the right attribute of the dissident right of fugitives,absoluteness of the application of the dissident right of fugitives,failure to make specific provisions on the level and trial organization of the court after the case is retried after the successful prosecution of the dissident right of fugitives,and no specific limit on the number of times of the dissident right of fugitives in the actual exercise process.This paper discusses the reasonableness of the problems existing in the practice of dissent right of fugitives.