On the Standard of Proof of Criminal in Absentia Trial Procedure

Abstract

The standard of proof in criminal in absentia trial proceedings is that the evidence is accurate and sufficient The adherence to a monolithic standard of proof of conviction in absentia trial proceedings is influenced by the structure and value of criminal proceedings. However, the current rules of evidence can hardly support the realization of the standard of proof in criminal absentia trials. To ensure the realization of the standard of proof, the rules of evidence in criminal in absentia proceedings must be improved, the rules of relevance and corroboration evidence must be relaxed, the rules of exclusion of illegal evidence must be used strictly, and the evidence investigation procedure must be constructed based on direct speech.