application area
The revised Criminal Procedure Law clearly stipulates that corruption and bribery cases, as well as criminal cases that seriously endanger national security and terrorist activities approved by the Supreme People's Procuratorate, and criminal suspects and defendants who flee abroad shall be transferred to people's procuratorates by supervisory organs and public security organs for prosecution. If the people's procuratorate believes that the facts of the crime have been ascertained, 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.
The first draft of the revised Criminal Procedure Law stipulates that criminal cases such as corruption and bribery in which criminal suspects and defendants abscond abroad shall be tried by default. Later, according to the suggestions of all parties, the scope of application of trial by default was also expanded accordingly. The establishment of trial by default system is put forward from the perspective of anti-corruption pursuit, but it is not limited to corruption and bribery cases. If it is really necessary to investigate and deal with other major cases in time, a trial by default can also be conducted on the premise of fully protecting the litigation rights.
Protection of rights
According to the design of the criminal trial by default system established by the Criminal Procedure Law, the rights of the defendant in the trial by default will be effectively guaranteed.
-When a people's court tries a case by default, the defendant has the right to entrust a defender, and the close relatives of the defendant may also entrust a defender.
-If the defendant and his close relatives fail to entrust a defender, the people's court shall notify the legal aid institution to defend his appointed lawyer.
-Before the execution of the penalty, the people's court shall inform the prisoner of his right to object to the judgment or ruling. If a prisoner disagrees with the judgment or ruling, the people's court shall retry it.
The law provides full protection for the defendant from the aspects of notice, service and defense. These provisions are in line with internationally recognized judicial standards and legislative practices in most countries.
Express meaning
The revision of the Criminal Procedure Law has laid a more solid legal foundation for overseas pursuit and recovery. The establishment of the criminal trial by default system is of great significance for promoting the anti-corruption struggle by the rule of law and exerting the dual effects of legal shock and punishment.
The system of criminal trial by default has changed the problems in previous judicial practice, such as the inability to convict and sentence, the inability to dispose of stolen money and goods, and the inability to compensate the victims in time. Once the judgment of criminal trial by default comes into effect, the criminal identity of the defendant is legally determined.
The revised Criminal Procedure Law has realized the unification of punishing crimes, protecting the rights and interests of victims and improving the efficiency of criminal proceedings. Justice will not be absent or late, which effectively defends the dignity of the rule of law and highlights the judicial value.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 291 If a criminal suspect or defendant is abroad and transferred for prosecution by a supervisory organ or a public security organ, the people's procuratorate considers that the facts of the crime have been ascertained and the evidence is true and sufficient, so that 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.