Service of criminal trial by default

Legal subjectivity:

According to the Civil Procedure Law of People's Republic of China (PRC), the consequences of trial by default depend on the nature of the case. Details are as follows: 1. If the defendant is absent and has to appear in court, he may be summoned. Article 109 The people's court may summon the defendant to appear in court, but refuses to appear in court after being summoned twice without justifiable reasons. Second, the plaintiff's absence shall be treated as withdrawal. Article 143 If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default. 3. The original defendant may be absent. (1) Article 144. If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court halfway without the permission of the court, he may make a judgment by default. (2) Article 145. Before the judgment is pronounced, if the plaintiff applies to withdraw the lawsuit, whether it is allowed or not shall be decided by the people's court. If the people's court decides that the withdrawal of the lawsuit is not allowed, the plaintiff may make a judgment by default if he refuses to appear in court after being summoned by summons without justifiable reasons.

Legal objectivity:

Article 291 of the Criminal Procedure Law of People's Republic of China (PRC) deals with corruption and bribery cases and needs to be tried in time; The Supreme People's Procuratorate approved a criminal case that seriously endangers national security and terrorist activities, and the criminal suspect and defendant are abroad; If the people's procuratorate 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, 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 case mentioned in the preceding paragraph shall be tried by a collegial panel composed of the place where the crime was committed, the defendant's residence before leaving the country or an intermediate people's court designated by the Supreme People's Court.