1. In cases of corruption and bribery, as well as crimes that seriously endanger national security and terrorist activities approved by the Supreme People's Procuratorate, if the criminal suspect or defendant is abroad and the supervisory organ or public security organ transfers the case for prosecution, and the people's procuratorate thinks that the facts of the crime have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it may bring a public prosecution to the people's court. After examination, if the criminal facts alleged in the indictment are clear and meet the applicable conditions of trial by default, the people's court shall decide to hold a hearing.
2. The people's court shall serve the summons and a copy of the indictment of the people's procuratorate on the defendant by means of judicial assistance provided by relevant international treaties, diplomatic channels or other means permitted by the law of the defendant's location. After the copy of the summons and indictment is served, if the defendant fails to appear in court as required, the people's court shall hold a hearing, make a judgment according to law, and deal with the illegal gains and other property involved.
3. If the defendant is unable to appear in court due to serious illness and the trial is suspended for more than six months, and the defendant and his legal representative or close relatives apply for or agree to resume the trial, the people's court may conduct a trial in absentia without the defendant appearing in court and make a judgment according to law.
4. If the defendant dies, the people's court shall make a ruling to terminate the trial, but if there is evidence to prove the defendant's innocence and the people's court confirms the defendant's innocence through trial in absentia, it shall make a judgment according to law.
5. If the defendant dies in a case retried by the people's court according to the procedure of trial supervision, the people's court may try the case in absentia and make a judgment according to law.
What is the statute of limitations for criminal cases?
The limitation of prosecution in criminal cases should be judged according to the specific circumstances:
1, where the statutory maximum penalty is less than five years' imprisonment, after five years;
2. If the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years, after ten years;
3. The statutory maximum penalty is fixed-term imprisonment of more than 10 years, after 15 years;
4. The maximum legal punishment is life imprisonment or death penalty, after 20 years.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 291 of the Criminal Procedure Law of People's Republic of China (PRC).
In the case of corruption and bribery crimes, as well as criminal cases that seriously endanger national security and terrorist activities approved by the Supreme People's Procuratorate, if the criminal suspect or defendant is abroad and the supervisory organ or public security organ transfers the case for prosecution, the people's procuratorate may bring a public prosecution to the people's court if it considers that the facts of the crime have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law. After examination, if the criminal facts alleged in the indictment are clear and meet the applicable conditions of trial by default, the people's court shall decide to hold a hearing.