The Improvement Path of Proof Standards for Criminal Absentee Trials from the Perspective of Rule of Law and Anti Corruption
As a new addition to the 2018 Criminal Procedure Law,the criminal in absentia trial procedure fills the space for the application of the confiscation of illegal proceeds procedure,expands the recourse for specific criminal offenses,and improves the criminal trial system with Chinese characteristics.Although this procedure has alleviated the stagnation of trials caused by the objective inability to attend,it still needs to be improved by legislation in the case of in ab-sentia trials where the defendant has fled the country.Currently,the standard of proof in the rules for trials in absentia fails to harmonize with the specificity of the case.The standard of proof for trials in absentia should be centered on the theory of the elements of a crime,and by clarifying the special litigation structure of the three types of cases,the object of proof,mode of proof,value of proof,and the purpose of proof should be made clear,so as to give full play to the value of the function of the criminal trial in absentia.
Trial in AbsentiaTrial in Opposite SeatsStandard of ProofConfiscation of Il-legal GainsCross-border Pursuit of Fugitives and Stolen Goods
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