China to introduce default judgment against corrupt fugitives

Beijing. April 28. Silkroadnews - China plans to introduce default judgment in corruption-related criminal cases as authorities step up the fight against crooked officials who have fled overseas, Xinhua reports.
"The default judgment will be used against suspects and defendants in corruption or bribery cases who have fled abroad," said Shen Chunyao, chairperson of the Commission for Legislative Affairs of the NPC Standing Committee.
This piece of legislation is meant to strengthen the efforts to catch overseas fugitives.
"It is a brand new practice in our legal system," said Zhang Xingkuan, a Beijing-based lawyer, adding that the practice will become increasingly important as the country's anti-corruption fight deepens.
According to a government white paper, from 2014 to mid-October 2017, 3,453 fugitives were brought back from more than 90 countries and regions. Illegal assets worth 9.5 billion yuan (around 1.5 billion U.S. dollars) were recovered.
"In the past, fugitive officials can only be tried after being repatriated," said Chen Weidong, a professor at Renmin University of China. "With default judgment in place, they will be punished by law even if they escape to the farest corner of the world."
According to the draft, the defendant has the right to be represented by defense lawyers. Upon reaching a judgment, the court should inform the defendant of his or her right to object. If such an objection is raised, a retrial will be initiated.
"The draft gives substantial protection of the defendant's rights. It is in line with internationally recognized principles and is similar to the practices taken by most countries," said Chen, the law professor.
Besides corruption cases, Shen said default judgment could also be invoked in other cases if the defendant had died or was mentally ill to the level of being unfit for trial.