(Adopted at the 1960th Meeting of the Adjudication Committee of the Supreme People's Court on December 4, 2025, and at the 66th Meeting of the 14th Procuratorial Committee of the Supreme People's Procuratorate on December 19, 2025; effective as of May 22, 2026)

For the purpose of applying the criminal trial in absentia procedure in accordance with law, and pursuant to the provisions of the Criminal Procedure Law of the People's Republic of China, the Criminal Law of the People's Republic of China, and other relevant laws, the following provisions are hereby formulated regarding several issues concerning the specific application of law in handling relevant cases.

Article 1

The term “cases involving crimes of embezzlement and bribery” as provided in Article 291, paragraph 1 of the Criminal Procedure Law refers to cases involving crimes of embezzlement and bribery stipulated in Chapter VIII of the Specific Provisions of the Criminal Law, as well as other criminal cases stipulated in other chapters that are to be convicted and punished in accordance with the provisions of Chapter VIII.

Article 2

The term “serious crimes endangering national security” that require timely trial and have been approved by the Supreme People's Procuratorate, as provided in Article 291, paragraph 1 of the Criminal Procedure Law, includes crimes endangering national security stipulated in Chapter I of the Specific Provisions of the Criminal Law and other crimes endangering national security.

The term “serious terrorist activity crime cases” that require timely trial and have been approved by the Supreme People's Procuratorate, as provided in Article 291, paragraph 1 of the Criminal Procedure Law, includes terrorist activity crimes stipulated in Chapter II of the Specific Provisions of the Criminal Law, as well as crimes such as homicide, bombing, and kidnapping committed by terrorist organizations or terrorist personnel.

Article 3

Where a criminal suspect or defendant is suspected of having committed several crimes, and only some of such crimes satisfy the requirements of Article 291, paragraph 1 of the Criminal Procedure Law, the trial in absentia procedure may be applied to that part of the criminal case.

In a joint crime case, where some criminal suspects or defendants are located overseas and satisfy the requirements of Article 291, paragraph 1 of the Criminal Procedure Law, the trial in absentia procedure may be applied to those criminal suspects or defendants.

Article 4

After receiving a case transferred for examination and prosecution, the People's Procuratorate shall promptly inform the criminal suspect of the right to retain defense counsel and shall inform his or her close relatives of their right to appoint defense counsel on the suspect’s behalf.

Article 5

For cases in which the trial in absentia procedure is proposed to be applied pursuant to Article 291, paragraph 1 of the Criminal Procedure Law, the People's Procuratorate and the People's Court shall focus their review on the following matters:

1. Whether the case falls within the scope of cases eligible for the trial in      absentia procedure;

2. Whether the case falls within the jurisdiction of the court;

3. Whether the basic information of the criminal suspect or defendant is specified,including circumstances relating to being overseas, health condition, definite overseas residence, contact information, wanted notices, issuance of Red Notices, etc., together with supporting evidence;

4. Whether the existence of close relatives is specified, and whether the names,identities, addresses, contact information, and other information of all known close relatives are stated;

5. Whether the principal facts of the suspected crimes are specified, together with supporting evidence;

6. Whether the types, quantities, value, and locations of illegal gains and other case-related property are listed, together with supporting evidence;

7. Whether an inventory and relevant legal documentation concerning the seizure,impoundment, and freezing of illegal gains and other case-related property are attached;

8. For cases approved by the Supreme People's Procuratorate, whether the relevant legal documentation is attached;

9. Where translations of relevant materials are required, whether such translations are included.

Article 6

After reviewing a case in which a public prosecution has been initiated by the People's Procuratorate pursuant to Article 291, paragraph 1 of the Criminal Procedure Law, the People's Court shall handle the case as follows:

1. Where the conditions for application of the trial in absentia procedure are met,the case falls within its jurisdiction, and the materials are complete,the court shall accept the case;

2. Where the case does not fall within the scope of cases eligible for the trial in absentia procedure, does not fall within its jurisdiction, or otherwise fails to satisfy the conditions for application of the trial in absentia procedure, the court shall return the case to the People's Procuratorate;

3. Where the materials are incomplete, the court shall notify the People's Procuratorate to supplement them within thirty days. If supplementation is not made within thirty days and no reasonable explanation is provided, the case shall be returned to the People's Procuratorate.

   
   

Article 7

After docketing a case in which a public prosecution has been initiated pursuant to Article 291, paragraph 1 of the Criminal Procedure Law, the People's Court shall serve the summons and a copy of the indictment upon the defendant. The summons shall specify the time limit for the defendant to appear and the legal consequences of failing to do so.

The People's Court shall also serve a copy of the indictment upon the defendant’s close relatives, inform them of their right to appoint defense counsel on the defendant’s behalf and to apply to participate in the proceedings, and notify them to urge the defendant to return and submit to the proceedings.

Article 8

For cases prosecuted pursuant to Article 291, paragraph 1 of the Criminal Procedure Law, service of procedural documents upon the defendant shall be carried out through judicial assistance mechanisms provided under relevant international treaties or diplomatic channels, or through other methods permitted under the law of the place where the defendant is located.

“Other methods permitted under the law of the place where the defendant is located” refers to all methods of service prescribed, recognized, accepted, or acknowledged under the laws, precedents, customs, and judicial practices of the place where the defendant is located, including but not limited to:

1. For a defendant who is a Chinese national, entrusting a Chinese embassy or consulate in the country where the defendant is located to effect service;

2. Where the defendant is a foreign entity and its responsible personnel, effecting service through its representative office, branch office, or authorized agent for service within the territory of the People's Republic of China;

3. Service by mail. If three months have elapsed from the date of mailing and the acknowledgment of receipt has not been returned, but the circumstances are sufficient to establish that service has been effected, service shall be deemed completed;

4. Service by fax, email, communication software, or other means capable of confirming receipt by the defendant;

5. Where service at the defendant’s last place of residence may be deemed valid under applicable law, service may be effected at such place;

6. Where the defendant’s domicile or residence has been identified but service cannot be effected despite exhaustive efforts, service may be made by public announcement;

7. Other methods permitted under the law of the place where the defendant is located.

Article 9

In cases prosecuted pursuant to Article 291, paragraph 1 of the Criminal Procedure Law, the defendant may retain, or his or her close relatives may appoint on the defendant’s behalf, one or two defense counsel.

Where a lawyer is retained as defense counsel, the lawyer shall possess the legal professional qualification of the People's Republic of China and have lawfully obtained a practicing certificate. Powers of attorney mailed or transmitted from overseas shall comply with relevant requirements.

Where neither the defendant nor the close relatives retain defense counsel, the People's Court shall notify the legal aid institution to appoint a lawyer to provide defense services.

Where the defendant or close relatives refuse representation by a lawyer appointed through legal aid, the People's Court shall ascertain the reasons. If the reasons are justified, the court shall permit the refusal, provided that another defense counsel is retained within five days. If no other defense counsel is retained, the court shall notify the legal aid institution within three days to appoint another lawyer. A subsequent refusal by the defendant or close relatives shall not be permitted.

Article 10

Where the close relatives of a defendant apply to participate in the proceedings, they shall submit proof of their relationship with the defendant after receiving the copy of the indictment and before the commencement of the first-instance trial.

The People's Court shall promptly review and decide upon such applications.

Close relatives may appoint litigation representatives to participate in the proceedings. Where multiple close relatives apply to participate, they shall designate one or two persons to participate and may jointly appoint one or two litigation representatives.

Article 11

Where both the defendant and the defendant’s close relatives are overseas, the People's Court shall, except in cases that are not tried publicly according to law, issue a public announcement of the hearing date no later than thirty days before the hearing.

The People's Court shall notify the People's Procuratorate, the defendant and defense counsel, the close relatives of the defendant who have applied to participate and their litigation representatives, witnesses, expert witnesses, and interpreters of the time and place of the hearing.

Such notices shall be served no later than three days before the hearing; where the recipient is overseas, service shall be completed no later than thirty days before the hearing.

Article 12

Where close relatives of the defendant participate in proceedings in a trial in absentia case, they may express opinions, produce evidence, apply for witnesses and expert witnesses to appear in court, conduct arguments, and file appeals.

Article 13

The People's Court shall conduct hearings in cases prosecuted pursuant to Article 291, paragraph 1 of the Criminal Procedure Law according to the following procedure:

1. After the presiding judge announces the commencement of the court investigation,the public prosecutor shall first read the indictment, and the defense counsel shall then express opinions regarding the criminal facts and charges alleged therein. With the permission of the presiding judge, the defendant’s close relatives and their litigation representatives may also express opinions;

2. With the permission of the presiding judge, the public prosecutor and defense counsel may question the defendant’s close relatives regarding relevant circumstances;

3. The court shall investigate, in sequence, the alleged criminal facts,sentencing circumstances, and facts relating to case-related property.During the investigation, the public prosecutor shall first present      evidence and the defense counsel shall provide cross-examination opinions; thereafter, the defense counsel may present evidence and the public prosecutor shall provide cross-examination opinions. With permission, the defendant’s close relatives and their litigation representatives may produce evidence and apply for witnesses and expert witnesses to appear;

4. During court debate, the public prosecutor shall speak first, followed by the defense counsel, the defendant’s close relatives, and their litigation representatives, who may conduct argument and debate;

5. The defense counsel may make a final defense statement.

Article 14

Where the People's Court renders a guilty judgment following a trial in absentia, the standard of proof shall be that the facts are clear and the evidence is reliable and sufficient.

Statements and defenses made by the defendant before leaving the country may serve as the basis for conviction, provided that they have been verified through court investigation procedures such as presentation and examination of evidence.

Article 15

Where the defendant appears during the course of a trial in absentia, the People's Court shall rule to terminate the proceedings.

If the People's Procuratorate initiates a public prosecution pursuant to Article 176 of the Criminal Procedure Law, the People's Court shall, after accepting the case according to law, conduct a new trial.

As a general rule, the retrial shall be conducted by the same People's Court. Where jurisdiction in the original trial was obtained through designation, jurisdiction shall be redesignated.

Article 16

Where a defendant arrives after a judgment or ruling rendered under the trial in absentia procedure has become effective, the People's Court shall commit the convicted person for execution of the sentence.

Before execution of the sentence, the People's Court shall inform the convicted person of the right to raise objections to the judgment or ruling. Any objection shall be raised within ten days after being informed of such right.

Where an objection is raised, the original trial court shall revoke the original judgment or ruling and notify the People's Procuratorate. If the People's Procuratorate initiates a public prosecution pursuant to Article 176 of the Criminal Procedure Law, the People's Court shall conduct a new trial.

Where the original judgment or ruling erroneously disposed of the convicted person’s property, restitution or compensation shall be made.

Article 17

Where the People's Procuratorate considers that the criminal facts have been ascertained, the evidence is reliable and sufficient, and criminal liability should be pursued according to law, it may directly initiate a public prosecution pursuant to Article 291 of the Criminal Procedure Law without first commencing confiscation proceedings against illegal gains.

Where, during the trial in absentia proceedings, the People's Procuratorate applies to withdraw the prosecution and the People's Court permits such withdrawal, the People's Procuratorate may separately apply for confiscation of illegal gains.

Where the defendant dies, the People's Court shall rule to terminate the proceedings. Except where evidence proves the defendant’s innocence and a judgment of acquittal has been rendered following trial in absentia, the People's Procuratorate may separately apply for confiscation of illegal gains.

Where the People's Procuratorate has first filed an application for confiscation of illegal gains and the People's Court has rendered a ruling thereon, the People's Procuratorate may still initiate a public prosecution pursuant to Article 291 of the Criminal Procedure Law if it considers it necessary to commence the trial in absentia procedure. If the People's Court finds the conditions satisfied, it shall conduct the trial and render judgment, while also disposing of any case-related property not yet addressed in the confiscation proceedings.

Article 18

The phrase “the defendant suffers from a serious illness and is unable to appear in court” as provided in Article 296 of the Criminal Procedure Law means that the defendant suffers from a serious illness resulting in an inability to perceive, understand, comprehend, or communicate normally, thereby lacking the capacity to stand trial and being unable to appear in court.

For cases in which a trial in absentia is proposed on this ground, the People's Court shall determine whether the defendant suffers from such a serious illness. Where necessary, the court may appoint or engage persons with specialized knowledge to conduct an appraisal and issue a report, and shall make its determination based on a comprehensive assessment of all evidence.

Article 19

Where a defendant suffering from a serious illness dies or absconds during trial in absentia proceedings, and the conditions for the confiscation of illegal gains procedure are satisfied, the People's Procuratorate shall promptly apply to the People's Court for confiscation of illegal gains.

Article 20

Where a defendant who was tried in absentia pursuant to Article 296 of the Criminal Procedure Law regains the capacity to stand trial, the People's Court shall proceed as follows:

1. If the defendant regains such capacity during the proceedings, the People's Court shall rule to terminate the trial in absentia procedure and continue the proceedings in accordance with the relevant provisions of Part III of the Criminal Procedure Law;

2. If the defendant regains such capacity after the judgment or ruling has become effective and raises objections thereto, the People's Court shall revoke the original judgment or ruling and conduct a retrial before the court that rendered the judgment in absentia.

Article 21

Where the defendant dies after the People's Court has accepted the case, the court shall rule to terminate the proceedings. However, where evidence proves the defendant’s innocence and innocence is confirmed through trial in absentia, the court shall render a judgment declaring the defendant not guilty.

Article 22

Where a People's Court retries a case under the trial supervision procedure and the defendant has died, the case may be tried in absentia.

Where innocence is confirmed through trial in absentia, the court shall render a judgment declaring the defendant not guilty. Where the defendant constituted a crime but the original sentence was manifestly excessive, the court shall render a judgment according to law.

Article 23

For the purposes of these Provisions, “not guilty” includes both circumstances where the facts are clear, the evidence is reliable and sufficient, and the law establishes that the defendant is not guilty, and circumstances where the evidence is insufficient to establish guilt.

Article 24

These Provisions shall come into force on May 22, 2026. Where any previously issued judicial interpretations or normative documents are inconsistent with these Provisions, these Provisions shall prevail.