A Study On The Criminal Default Trial Procedures For The Escaped

The criminal default trial system is a special procedure newly established in China's Criminal Procedure Law as a supplement to trials by trial.There are some issues that need to be resolved at each stage of the criminal default trial procedure for fugitives.Deal with the restrictions on the exercise of the defendant's right of objection at the stage and the specific methods of exercising the right of objection.Legislation only outlines the framework of the procedure in a thick line and requires further detailed regulations for judicial interpretation.Different values to be considered in the design of the procedure,such as fairness and efficiency Conflicts exist;as the defendant's interest representative,the defendant's close relatives have complex litigation status;the requirements of international extradition rules must be fully considered in order to successfully extradite the fugitives back to China based on the effective judgment.We try to put forward some feasible suggestions for the solution of the problems" In the initiation stage,there is bribery crimes,terrorist crimes,crimes against national security and other crimes with sufficient evidence to prove that criminal suspects who are abroad can apply the criminal absentia trial procedure for expatriates.The service of public announcement cannot be adopted,and the actual knowledge of the defendant shall be the prerequisite for the start of the procedure.In the trial phase,the indirect participation of the defendant in the trial is realized through the defense of the defendant,the independent litigation status of the defendant's close relatives;in consideration of extradition of the defendant and restrictions on the death penalty,the defendant cannot be sentenced to death in criminal default trial proceedings.At the stage of case resolution,the defendant should not set restrictions on the exercise of the right of objection;the objection should be raised in writing by the defendant;in order to save judicial resources and improve efficiency,the retrial procedure is conducted by the original collegial panel of the original trial court;Defendants who are automatically brought to justice after the criminal default trial procedure is initiated can still constitute surrender and enjoy preferential treatment in sentencing policies.