PARTICIPATION OF A LAWYER IN COURT PROCEEDINGS IN THE ABSENCE OF A DEFENDANT IN THE PEOPLE’S REPUBLIC OF CHINA

Year: 
2021

Article:

Issue: 
1

UDC: 
340
DOI: 
10.34076/22196838_2021_1_5
Author(s): 

Liu Xian

Doctor’s degree student, School of Criminal Justice of the China University of Political Science and Law (Beijing, China), master of jurisprudence, ORCID: 0000-0001-5374-3682, e-mail: 1023639638@qq.com.

Author(s): 
Liu Xian
Abstract: 

The appearance of the institution of court proceedings in the absence of a defendant in the criminal procedure legislation of the People’s Republic of China corresponds to the main global trends. The article analyses the norms of this institution and lists the categories of cases in the consideration of which it is applicable. The institution of court proceedings in the absence of a defendant is compared with the procedure for considering cases of confiscation of property obtained by criminal means, in the event of the escape of a suspect or an accused, in the event of his death or when he fled from the investigation. The issues of appeal and revision of the sentence passed in the absence of a defendant are investigated. The problems of participation of a lawyer by agreement and by appointment in court proceedings in the absence of a defendant are considered.

Key words: 

court proceedings in the absence of a defendant, participation of a lawyer, preliminary investigation

For citation: 

Liu Xian (2021) Participation of a lawyer in court proceedings in the absence of the defendant in the People’s Republic of China. In Elektronnoe prilozhenie k «Rossiiskomu yuridicheskomu zhurnalu», no. 1, pp. 5–14, DOI: http://doi.org/10.34076/22196838_2021_1_5.

Text of the article: 

Publication date: 
Wednesday, 30.06.2021

English