Pursuing Corrupt Fugitives: On China’s Trial-in-Absentia System
Peking University STL Law Review (Blog) 2021
36 Pages Posted: 16 Oct 2021
Date Written: August 12, 2021
Along with the nationwide anti-corruption campaign in China, the Chinese government created a novel trial-in-absentia system to deal with corrupt fugitives. This article reviews the policy background of the system’s birth and how the system works in theory. Then, by reviewing prior approaches to deal with corrupt fugitives, this article argues that the trial-in-absentia system can solve intrinsic defects of prior approaches and can bring more benefits to the Chinese government. Finally, by comparing the Chinese trial-in-absentia system with international human rights law on the defendant’s right to be present at trial, this article argues that the Chinese trial-in-absentia system against corrupt fugitives complies with international human rights law in theory.
Keywords: Trial-in-Absentia; Corrupt Fugitives; Anti-Corruption Campaign in China; Right to be Present
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