First appearance of amendment to the Criminal Procedural Law draft: corrupt officials absconding overseas may be tried in absentia

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 First appearance of amendment to the Criminal Procedural Law draft: corrupt officials absconding overseas may be tried in absentia


Beijing Youth Daily reporter noted that the 25 day amendment to the Criminal Procedural Law draft is intended to establish criminal suspects and defendants absconding outside the trial procedure. A corrupt official who abscond from an overseas court may trial in court The Central Commission for Discipline Commission suggested that the criminal procedure law should be stipulated in coordination with the reform of the supervisory system, Shen Chunyao, the director of the legal work committee of the Standing Committee of the National Peoples Congress, said in a draft of the draft. The 291st article of the draft amendment clearly shows that the criminal suspects and the accused abscond with the criminal cases, such as corruption and bribery and other criminal cases, and the supervision organs are transferred to the prosecution. The peoples Procuratorate believes that the facts of the crime have been found out, the evidence is true and sufficient, and the criminal responsibility shall be investigated according to law, and the peoples court can bring public prosecution. 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. To deal with illegal income and the property involved in the case The draft amendment also stipulates the specific procedures for the absconding trial of the criminal suspects and the accused to escape the trial, and the case is made up by a collegial panel of the intermediate peoples Court of the place where the accused or the defendant is inhabited (as required by the criminal procedure law as necessary). Article 292nd of the amendment mentioned that the 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 has received a copy of a subpoena and a copy of the indictment, the peoples court shall make a trial, make a judgment in accordance with the law, and deal with the illegal income and the property involved in the case. The defendant has the right to entrust a defender The Beijing Youth Daily reporter noted that the amendment bill also fully protected the defendants litigation rights. The draft amendment clearly states that the defendant has the right to entrust defender, and the relatives of the defendant can entrust defenders. If the defendant and his close relatives do not entrust a defender, the peoples court shall notify the legal aid agency to appoint a lawyer to provide him with a defence. 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. In the process of trial, the defendant voluntarily surrender the case should be reheard. The draft amendment also provides for the retrial of the court. In the process of trial, if the defendant voluntarily surrenders or is captured, the court shall rehear the case. If a criminal is brought to justice after the judgment or ruling is legally effective, the court shall deliver the offender to the execution penalty. 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. Shen Chunyao said that such a provision does not violate the principle of fair trial and procedural participation in criminal proceedings, but also conforms to the prevailing judicial standards in the world. The draft amendment to the trial to increase the death of the accused adds to the provision that the defendant may be absent from trial with a case of serious illness and the defendants death. Because the defendant is suffering from serious illness and can not appear in court for more than six 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. In addition, when a court is tried again in accordance with the trial supervision procedure, the defendant may be sentenced to trial in absentia, and the judgment shall be made in accordance with the law. Source: Beiqing Net - Beijing Youth Daily editor in charge: Han Jiapeng _NN9841 The provisions of the trial to increase the death of the accused The draft amendment has increased the requirement that the accused may be tried in absentia of serious illness and death of a defendant. Because the defendant is suffering from serious illness and can not appear in court for more than six 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. In addition, when a court is tried again in accordance with the trial supervision procedure, the defendant may be sentenced to trial in absentia, and the judgment shall be made in accordance with the law.