Research On The Defendant’s Right Of Defense In The Criminal Trial By Absentia

The establishment of the criminal in absentia trial system originates from the need for timely trial of cases and the purpose of pursuing fugitives and stolen goods overseas,and the law has set up a number of rights for fugitive defendants tried in absentia,including the right to know,the right to defense,the right to appeal and the right to object.The defendant’s right to defense includes the right to defend himself or herself and the right to entrusted defense,which is the centralized embodiment of other rights.At the same time,the right to know is the basis for the defendant to exercise the right to defense while he is at large,and the right to object is the guarantee for the defendant to exercise the right to defense after his return,which has a decisive influence on whether the defendant can exercise the right to defense,and the two rights should be included in the scope of the study of the right to defense.Reasonable protection of the right to defense of the fugitive defendant is the fundamental premise for the fair trial result,the verdict and the in absentia trial system to be recognized by other countries,and also an important foundation for the smooth development of the fugitive recovery work.The right to defense of fugitive defendants in criminal in absentia trials is characterized by the complexity of the content,the stage of the exercise process,and the singularity of the path of rights realization.Maintaining the right of defense for defendants tried in absentia is conducive to promoting the timely completion of cases of defendants at large and the smooth development of overseas fugitive recovery work,as well as safeguarding the human rights of defendants at large.However,in the process of operation,the criminal in absentia trial system also has many shortcomings.In terms of the defendant’s right to know,the right to entrust a defense during the in absentia trial stage and the exercise of the right to defense after returning to the court,the existing system cannot meet the defendant’s demand for the right to defense;while in terms of the number of times to exercise the right to defense and the guarantee of the right to procedural relief,the protection is given beyond the actual need and even superfluous;in terms of the mechanism to realize the right to entrust a defense,the mechanism to In the mechanism for the realization of the right of defense,it is difficult to meet the requirements of the defense of such cases mainly by the legal aid lawyers in absentia,and the difficulties in intervening in the cases and carrying out the work also make it difficult for the defense to play a full role in the defense work.The reasons for the above problems are,on the one hand,the failure to clarify the standard of completion of service of process in China,the failure to balance the mechanism of service of process with the mechanism of entrusting defense,and the shackles of state organs in handling criminal cases in stages;on the other hand,the deviations in the implementation of the concept of procedural justice and the excessive haste in the work of tracking down fugitives and recovering stolen goods,which also make some of the rights of defendants superfluous;in addition,the failure to grasp the importance of the defense in the criminal in absentia trial and the lack of support for the defense In addition,the failure to grasp the importance of the defense in criminal in absentia trials and the lack of detailed regulations on the rights of the defense,as well as the lack of a mechanism to connect the entrusted defense mechanism with the case processing procedure,are important reasons for the low quality of the defense in criminal in absentia trials and the difficulty in carrying out the work.To improve the path,the standard of service and the content of service should be clarified,and the balance between the entrusted defense mechanism and the service mechanism should be realized by improving the content of the service system in criminal in absentia trial cases,and the mechanism of turning back the review and prosecution in the re-trial procedure should be established;secondly,the content of the defendant’s right to defense before the return of the case should be simplified,the right to compulsory defense should no longer be granted to the fugitive defendant,and the application of the procedure after the return of the defendant should be refined.Finally,it is possible to establish a special mechanism for the selection of the defendant,refine the content of the rights of the defendant,and improve the connection between the entrusted defense mechanism and the case processing procedure,so as to promote the real role of the defendant in the trial in absentia system.Through the above paths,the reasonable exercise of the defendant’s right to defense will be promoted to ensure the fairness of the in absentia judgment and improve the recognition of China’s criminal in absentia trial system.