Research On The Procedural Issues Of Retrial In Criminal Absentia

With the public pronouncement of the first verdict of Cheng Sanchang’s embezzlement case,the criminal in absentia trial system has once again aroused heated discussions from all walks of life.In order to improve the criminal litigation system and realize the orientation of anti-corruption in the pursuit of fugitives and stolen goods,China added "criminal in absentia trial procedure" to the revised Criminal Procedure Law in 2018,and provided detailed provisions on the applicable subjects and scope of application,reflecting its litigation value and procedural significance.Because of the inherent limitation of the criminal in absentia trial system,that is,it cannot guarantee the full realization of the right of the prosecuted person to participate in the trial,the legislation uses the "re-trial procedure" as a way to remedy the right of the prosecuted person to participate in the trial,and restarts the procedure as a guarantee of the legitimacy of the criminal in absentia trial system in the case of the prosecuted person’s presence in the case.The lack of legislation is not conducive to the implementation of the re-trial procedure,so it needs to be remedied.This article is mainly divided into four parts: the first part is "Overview of China’s Criminal Absentee Trial Retrial Procedures",which mainly uses legislative reasons and basic connotations as the main frame to re-evaluate China’s criminal absentia trial A brief overview of the trial proceedings is given to form a holistic understanding of the retrial proceedings.The second part is "Existing Problems in China’s Criminal Absentia Trial Retrial Procedure",which mainly introduces the problems existing in the retrial procedure in terms of procedural initiation,trial process and procedural effectiveness,analyzes the retrial procedure of criminal absentia trial in China with the problem orientation,and clarifies the focus of discussion and research in this paper.The third part is "Analysis of Extraterritorial Criminal Default Trial Relief Procedures",which mainly introduces the specific design of criminal default trial relief procedures in common law countries and civil law countries,finds commonalities and differences from them,and provides ideas for the improvement of criminal default trial retrial procedures in China;The fourth part is "The Path to Improve the Retrial Procedure of Criminal Absentia Trial in China",which mainly makes suggestions for the issues mentioned above,in order to provide reference for the practical application of the retrial procedure of criminal absentia trial in China.