Scrutinising the China’s rules on trial in absentia through the lens of the extradition law requirements of the European Union and the United States

Abstract

China revised its Criminal Procedure Law in 2018 and legislated on the system of “trial in absentia” for the first time in criminal matters. An important aim of the enactment of this Law is to facilitate the extradition of corrupt Chinese officials who fled abroad. European countries and the US are the main destinations to which China’s extradition requests are issued. This article evaluates China’s system of trial in absentia using as benchmarks the rules on trial in absentia in the US’s extradition system and in the European Union’s extradition system. This research finds that China’s legislation on trial in absentia system needs more clarification regarding individual rights protection in order to satisfy the US’s and European extradition standards. At the same time, the overall development of China’s criminal justice system which affects China’s general international image also concerns the particular function of trial in absentia procedure in China’s extradition cooperation with the US and the European countries.