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https://doi.org/10.22394/2686-7834-2023-1-36-46
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The Protection of the Defendant's Rights in Criminal Trial by Default - From the Perspective of Due Process
[journal article]
Abstract Due to the change of the traditional procedural structure of the complete three parties of prosecution, defense
and trial, criminal trial in absentia may result in the neglect of the rights protection measures due to the absence
of the defendant in trial, and thus further impacts several principle... view more
Due to the change of the traditional procedural structure of the complete three parties of prosecution, defense
and trial, criminal trial in absentia may result in the neglect of the rights protection measures due to the absence
of the defendant in trial, and thus further impacts several principles and norms under the due process. Based on
the criminal procedure system and even the reform of the entire judicial system, the discussion on the criminal trial
in absentia should not be confi ned to the basic frame of normal bench trial paradigm by due process, the possible
adverse consequences should not be taken as the inevitable argument for criticizing the system, but rather a rational
and neutral position, return to the original point of the system, seek the basic principles involved in the criminal trial in
absentia, and respond to many doubts that the absent defendant’s rights are bound to fall, and thinking dialectically
on this basis, from the two dimensions of system function, value presetting and perfection of existing specifi cations,
deduces and sums up the internal logic of this system in its normative construction, system operation and internal and
external harmony, focusing on strengthening the rights protection of the defendant at the times.... view less
Classification
Judiciary
Free Keywords
Trial in Absentia; Legitimacy; Rights Protection; Procedural Relief
Document language
English
Publication Year
2023
Page/Pages
p. 36-46
Journal
Theoretical and Applied Law (2023) 1
ISSN
2686-7834
Status
Published Version; reviewed
Licence
Creative Commons - Attribution-Noncommercial-No Derivative Works 4.0