Top judicial bodies clarify rules on criminal trials in absentia

China's top judicial bodies have issued new guidelines further clarifying when trials in absentia may be used in criminal cases, with a focus on procedural details.

The 24-article regulation, released Friday by the Supreme People's Court and the Supreme People's Procuratorate, aims to help judges and prosecutors nationwide better apply the Criminal Procedure Law and the Criminal Law.

Under Article 291 of the Criminal Procedure Law, if suspects or defendants involved in corruption, serious crimes endangering national security, or terrorist activities are abroad and there is sufficient evidence of their alleged offenses, the Supreme People's Procuratorate can approve prosecution in court. If a court determines after review that a timely trial is necessary, a trial in absentia may be conducted.

The new regulation clarifies which circumstances in corruption, terrorism and national security cases fall under relevant provisions of the Criminal Law. It also requires prosecutors and judges, before deciding on a trial in absentia, to carefully examine key materials, including information on the suspect's or defendant's health condition, overseas residence, contact details and any international warrants.

Authorities are also required to review information on whether the suspect or defendant has family members, as well as their names, identities, addresses and contact details.

In addition, the regulation, which took effect Friday, requires a comprehensive summary of the main facts related to the alleged crimes and a detailed inventory of illegal gains or assets involved, including their types, quantities, values and locations.

It also stipulates that legal documents must be served on defendants through judicial assistance methods specified in international treaties, diplomatic channels or other means permitted under the laws of the defendant's country.