Can the provincial Party secretary with the highest escape level be absent from trial?

category:Society
 Can the provincial Party secretary with the highest escape level be absent from trial?


At this meeting, Fu Zhenghua, Minister of Justice Department, Minister of ecology and environment Li Ganjie, Minister Han Changfu of agricultural and Rural Ministry, and Xu Yousheng, the director of the state of overseas Chinese, also appeared. However, he is most interested in the draft amendment to the criminal procedure law. The draft amendment is clear that corrupt officials can absconded from abroad and may be tried in absentia. The highest ranking official of the flight is his On hearing the news, Zheng Zhijun ran to the official website of Hangzhou Public Security Bureau. In October 2008, the official website issued an arrest warrant, and a senior official at the ministerial level was wanted. The resume showed that Gao Yan was the Secretary of the Yunnan Provincial Committee in June 1995, then as vice minister of the Ministry of power industry in August 1997 and general manager of state electric power company in March 1998. In September 2002, Gao Yan, 60 years old, fled abroad. If he was still alive, he was 76 years old this year. The arrest warrant of the Hangzhou Public Security Bureau shows that he has three identity cards. In addition to his name, he has two false identities, 4 passports and 1 Hong Kong and Macao passes, as well as Gao Qinglin and Zhang Wei. In addition, he said he had lumbar disease (difficulty in sitting up, lying down). As the highest official of the Chinese Communist Party so far, his whereabouts have been a mystery for more than a decade. According to media reports, Gao Yan, who is in a foreign country, may have changed his new identity to live a free life, and may even have his entire capacity. According to the information obtained from the Australian official multisectoral people, the exact information is not available in all aspects. If it is high and strict in Australia, the Australian intelligence department may know its whereabouts, but it will not be announced. In April 2015, the Central Commission for Discipline Inspection issued a red arrest warrant, saying that 10 people were considered to be hiding in Australia. However, Australian media reported that an official in China said that Beijing and Australia are seeking cooperation to repatriate Gao Yan from Canberra. Will Gao Yan be judged by absence? The Central Commission for Discipline Commission suggested that in coordination with the reform of the supervisory system and reform the criminal procedure law, the criminal trial system for criminal proceedings was stipulated, Shen Chunyao, the director of the legal work committee of the Standing Committee of the National Peoples Congress, made a draft statement 25 days ago. The draft of amendment to the Criminal Procedural Law is clear - For criminal cases such as corruption and bribery, criminal suspects and defendants absconding abroad, supervision organs to transfer prosecution, the procuratorate believes that the facts of the crime have been found out, the evidence is true and sufficient, the criminal responsibility should be investigated according to law, and the prosecution can be brought to the court. After the court conducts a review, it shall decide to hold a court trial if there is a clear accusation of the facts of the crime in the indictment. If the amendment to the Criminal Procedural Law bill is passed in the future, will Gao Yan be tried in absentia? Zheng Zhijun asked Wang Wenhua, a professor and guidance of Beijing Foreign Studies University law school, and a researcher of G20 anti corruption pursuit and stolen goods research center. In theory, there is no problem, she said, but the case must be found to be clear and the evidence is really sufficient to be absent from trial. Zheng noted that this is not the first time that the criminal procedure law has laid a heavy hand on corrupt officials. In cases of major crimes such as corruption and bribery, terrorist activities, criminal suspects and defendants escape, can not come to the case after one years wanted, or the criminal suspect and the defendant die, in accordance with the provisions of the criminal law, the illegal income and other related property shall be recovered, and the Inspection Institute may submit to the court to confiscate the illegal place. A obtained application. Ren Runhou, former vice governor of Shanxi Province, was sentenced by the court to confiscate his illegal income after 3 years of illness. Wang Wenhua explained that there was a difference between the confiscation procedure of illegal gains and the trial by default. The standard of proof for trial by default is more stringent. The illegal income confiscation procedure aims at the property of the illegal income, and does not involve the conviction; the trial by default is the person, and the criminal responsibility of the criminal suspect and the defendant is solved, because the trial may be convicted after the absence of the trial. After the adoption of the draft criminal procedure law, the specific operation will further standardize the trial by default system in judicial interpretation / implementation rules. How did the corrupt officials run after the blame? Wang Wenhua said, at present, after the corruption of corrupt officials, there are several measures in our country, such as the release of red wanted orders, extradition under the framework of international conventions, extradition treaties, or the repatriation of the requesting state according to the law of immigration, or the prosecution and trial of the host country, to solve the criminal responsibility of the corrupt officials, or to solve the problem of the criminal responsibility of the corrupt officials. Exhort to return to return home. But before the passage of this law, it is not possible to carry out trial by default in accordance with the provisions of the existing law. Compared with the previous year, there is a significant change in this years Skynet action - the international pursuit of crime of duty crime is carried out by the state supervision commission rather than the highest inspection. All the new supervision objects are included in the system of flight prevention, and the escape tentacles are extended to the state-owned enterprises, public units, grass-roots mass autonomous organizations and other departments. Corrupt officials can also ask lawyers Then, Default Trial, which court shall be specifically examined? The draft of the amendment to the Criminal Procedural Law is clear. The case is tried by a collegial court of the intermediate peoples Court of the place of crime or the place of the defendant. (if necessary, the jurisdiction can still be specified in accordance with the provisions of the Criminal Procedure Law). The rules are also stipulated in the various procedures. For example, a court should send a copy of a summons and a copy of the peoples Procuratorate to the defendant by means of judicial assistance set out in the relevant state treaties or in other ways allowed by the law of the person who is located. When the defendant receives a copy of a subpoena and a copy of the indictment, the court shall hear the case in court, make a judgment in accordance with the law, and deal with the illegal income and the property involved in the case. At the same time, the corrupt officials who fled can still ask lawyers, and if they refuse to accept the verdict, they have the right to appeal. In the case of trial by default, the defendant has the right to entrust defender, and the next of kin of the defendant can entrust a defender. The court shall deliver the judgment to the defendant and his close relatives and defenders. If the defendant or his close relatives refuse to accept the judgment, he or she has the right to appeal to the court at the next higher level. Wang Wenhua told the government that if the trial was absent, suspects or defendants outside the country could also be entrusted with defence counsel. In accordance with the regulations, foreign lawyers can not be entrusted, and domestic lawyers can be employed as defenders. If a suspect or defendant does not have a lawyer, our judicial organs will also protect his right to get counsel, including plead in court. In short, the litigation rights of the escapes are fully guaranteed. How do you get caught in the trial by default? In the process of hearing, what should be done if the defendant voluntarily surrendered himself or was captured? The draft of amendment to the Criminal Procedural Law clearly stated that the court should rehear. What if the verdict has come into effect? Before the execution of the penalty, the court shall inform the prisoner that he has the right to raise an objection to the judgment or order. If a criminal disagrees with a judgment or order, the court shall rehear it. Such a provision does not violate the principle of fair trial and procedural participation in criminal proceedings, but also meets the requirements of international judicial standards. Shen Chunyao, director of the Legislative Work Committee of the Standing Committee of the National Peoples Congress, said. More Than Thisu3002 The draft of amendment to the Criminal Procedural Law stipulates that the defendant can not appear in court for more than 6 months because the defendant has a serious illness and can not appear in court. The defendant and his legal agent have applied for or agreed to continue the trial. The court may be absent from hearing in the case of the defendant not appearing in court and make a judgment in accordance with the law. Where the defendant dies, the court shall decide to terminate the hearing. However, if there is evidence to prove that the accused is innocent, the court shall make a judgment in accordance with the law if it is confirmed to be innocent by default. Source: Zheng Jian, editor in charge: Yang Qiang _NN6027 Such a provision does not violate the principle of fair trial and procedural participation in criminal proceedings, but also meets the requirements of international judicial standards. Shen Chunyao, director of the Legislative Work Committee of the Standing Committee of the National Peoples Congress, said. More Than Thisu3002 The draft of amendment to the Criminal Procedural Law stipulates - Because the defendant is suffering from serious illness and can not appear in court for more than 6 months, the defendant is still unable to appear in court. The defendant and his legal agent have applied for or agreed to continue the trial. The court may be absent from trial in case of the defendant not appearing in court and make a decision according to law. Where the defendant dies, the court shall decide to terminate the hearing. However, if there is evidence to prove that the accused is innocent, the court shall make a judgment in accordance with the law if it is confirmed to be innocent by default.