2. 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;
3. If the defendant dies, the people's court shall make a ruling to terminate the trial, but there is evidence to prove that the defendant is innocent, and if the people's court confirms his innocence through trial in absentia, it shall make a judgment according to law;
4. 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.
The application of trial by default in civil litigation is as follows:
1. If the plaintiff does not appear in court and the defendant counterclaims, the judgment may be made by default;
2. The defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or leaves the court halfway without the permission of the court;
3. The court ruled that the lawsuit was not allowed to be withdrawn, and the plaintiff refused to appear in court after being summoned by summons without justifiable reasons;
4. The legal representative of the defendant without civil capacity refuses to appear in court after being summoned without justifiable reasons;
5. In a loan case, if the debtor's whereabouts are unknown when the creditor files a lawsuit, the people's court will announce and summon the debtor to respond after accepting it. If the debtor still fails to respond to the lawsuit after the expiration of the announcement, and the loan relationship is clear, the judgment may be made by default after trial.
to sum up, in criminal proceedings, there are many cases that can be tried by default. For example, if the defendant is unable to appear in court due to serious illness and the trial is suspended for more than six months, the defendant may be sentenced in absentia with the consent of the defendant, or the suspect is suspected of corruption and bribery, which seriously endangers national security. If the suspect is abroad, he can be sentenced by default.
Legal basis:
Article 291 of the Criminal Procedure Law of People's Republic of China (PRC)
The types and conditions of cases tried by default are applicable. For cases of corruption and bribery, as well as criminal cases that seriously endanger national security and terrorist activities that need to be tried in a timely manner, if the criminal suspect or defendant is abroad, the supervisory organ and the public security organ shall transfer it 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.
Jurisdiction of cases tried by default The cases 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.