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August 30, 2018

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Draft expands default judgment scope

LAWMAKERS yesterday voiced support for a draft amendment to the Criminal Procedure Law during panel discussions at the ongoing session of the National People’s Congress Standing Committee in Beijing.

According to the draft amendment, a default judgment can be applied to not only corruption-related criminal cases but also to serious cases endangering state security and terrorist activities that have been examined and approved by the Supreme People’s Procuratorate and need to be judged in time.

“The draft amendment further clarifies that a default judgment can be applied to cases involving the three types of crime, which makes it more specific,” said Tan Yaozong, a legislator, during the discussion.

“I agreed with the amendment that requires the default judgment to be ‘approved by the SPP,’ which can avoid abuse by judicial authorities at lower levels,” said Xian Tieke, a lawmaker, who suggested making full use of default judgment to prevent suspects from escaping by fleeing overseas.

A court can adjudicate a case by default when the defendant fails to appear, provided the evidence is sufficient and concrete, according to the draft amendment.

Default judgment was initially raised in a draft amendment to the Criminal Procedure Law submitted to the top legislature for the first reading in April. The prior draft amendment only stated that a default judgment can be applied to corruption-related criminal cases, without specifying other crimes.




 

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