With the judicial interpretation of the new criminal procedure law, what procedures can be applied to corruption and bribery cases?

1 An escaped corrupt official may be tried in absentia.

According to the provisions of the Supervision Law and the revised Criminal Procedure Law, the interpretation of the new criminal procedure law has improved the connection mechanism between the trial procedure and the supervision and investigation, refined and improved the provisions of the confiscation procedure of illegal income and the trial procedure by default, and provided a strong judicial guarantee for the anti-corruption struggle and international pursuit and recovery work in the new era.

According to the provisions of the supervision law, the interpretation of the new criminal procedure law is clear, and the evidence materials collected by the supervision organs according to law can be used as evidence in criminal proceedings; The requirements and standards for evidence in criminal trials are applicable to the examination and judgment of evidence collected by supervisory organs.

The interpretation of the new criminal procedure law has increased the requirements for examining matters related to supervision and investigation, stipulating that in cases where public prosecution is initiated, it should be examined whether the indictment contains the information that the defendant has been or is being punished and taken into custody, and whether various legal procedures and litigation documents for supervision and investigation are complete; Clarify the review rules of audio and video recordings of supervision interrogation, and stipulate that when the court decides the legality of investigation and evidence collection, it can play audio and video recordings of supervision interrogation in a targeted manner; If the court decides the legality of investigation and evidence collection, the public prosecutor may ask the court to notify the relevant investigators to appear in court to explain the situation and prove the legality of evidence collection by reading the interrogation record.

According to the provisions of the supervision law, combined with the judicial practice experience, the interpretation of the new Criminal Procedure Law stipulates that in major criminal cases such as corruption and bribery, dereliction of duty, terrorist activities, underworld organizations, telecom fraud, etc., if the criminal suspect and defendant escape after being wanted for one year and cannot appear in the case, and their illegal income and other property involved should be recovered according to the provisions of the Criminal Law, the confiscation procedure of illegal income can be applied; If a criminal suspect or defendant dies and his illegal income and other property involved should be recovered according to the provisions of the Criminal Law, the confiscation procedure of illegal income may also be applied.

In order to meet the needs of international pursuit and recovery in the new era, according to the provisions of the revised Criminal Procedure Law, the interpretation of the new Criminal Procedure Law has set up a special chapter to refine the trial by default procedure, stipulating that criminal suspects and defendants can apply the trial by default procedure to make judgments according to law, deal with illegal gains and other property involved, and never allow corrupt elements.

The court will hear cases of death penalty and suspended death sentence.

Li Shaoping, vice president of the Supreme Law, said that in order to further implement the system of final appeal of second instance, improve the trial procedure of death penalty cases and ensure the quality of death penalty cases, the interpretation of the new Criminal Procedure Law stipulates that the people's court of second instance shall hold a hearing on the appeal cases of the defendant's death penalty, including cases in which the death penalty has been suspended for two years; The defendant who was sentenced to immediate execution of the death penalty with a two-year suspension of execution did not appeal, and the people's court of second instance should also hold a hearing to hear the cases appealed by other defendants in the same case.

When answering a reporter's question, Shen Liang, president of the First Court of Supreme Law and Punishment, explained that the Criminal Procedure Law clearly stipulates that the people's court shall form a collegial panel to hear an appeal case in which the defendant is sentenced to death. A case in which the execution of the death penalty is suspended for two years is also a death penalty case.

Shen Liang said that the Supreme Law had issued a notice on June 5438+February 17, 2020, which put forward clear requirements for related work. The higher people's courts and the PLA military courts should deeply understand the great significance of doing a good job in the trial of death penalty cases in the second instance and ensure that the relevant work requirements are implemented in an uncompromising and orderly manner.

Shen Liang said that the Higher People's Court and the PLA Military Court should effectively solve the personal, financial and material security and related issues involved in the trial of death penalty cases in the second instance. It is necessary to strengthen coordination with procuratorial organs, public security organs and judicial administrative departments, ensure that prosecutors and lawyers appear in court, and ensure that the trial of death penalty cases in second instance goes smoothly.