Research On Issues Related To Criminal Trial System In Absentia

For a long time,the pursuit of corruption and bribery criminals absconding overseas has been an urgent problem for the country,and over the years China has never ceased to study the system for pursuing overseas fugitives and recovering stolen goods.The criminal in absentia trial system,as a special procedure,was established to address the increasingly serious phenomenon of corruption and to match the requirements of fighting corruption under the UNCAC.The establishment of the criminal in absentia trial system,on the one hand,helps to improve the efficiency of litigation,increase the punishment of crime,and save judicial resources.On the other hand,it helps China to integrate more deeply into the international anti-corruption situation and improve the extraterritorial pursuit of fugitives and stolen goods.At present,China’s anti-corruption work has entered a new situation,and the number of fugitives returning to China for trial has been increasing,but China’s anti-corruption road is still bumpy and uneven,and the protection of the rights of defendants in absentia for fugitive corruption and bribery crimes is still insufficient.In terms of service of documents,we should increase the subjects of service,clarify the standard of service of absent defendants,and expand the scope of persons served;in terms of defense rights,we should clarify the time for defense lawyers to intervene,improve the professional level of defense lawyers,and build a system of follow-up and accountability for the quality of defense lawyers to guarantee the effectiveness of defense;in terms of appeal rights,we should include the "ruling " In terms of the right of appeal,the scope of appeal should be included,the right of appeal of the defendant’s close relatives should be restricted,and the period of appeal should be clarified;in terms of the right of dissent,the right of arbitrary dissent should be restricted to prevent abuse of the right,the procedure for hearing the dissent of the defendant should be clarified,and the period of exercise of the right of dissent should be clarified.It is hoped that these suggestions can make the criminal in absentia trial system in China develop in a better direction.