Supreme people's court
Concerning the application of criminal proceedings in absentia
Provisions on certain issues
The regulations of the supreme people's court and the supreme people's procuratorate on a number of issues concerning the application of criminal proceedings in absentia were adopted by the supreme people's court trial committee at its 1960th meeting, on 4 december 2025, and by the fourteenth session of the supreme people's procuratorate, at its 66th meeting, on 19 december 2025。
Supreme people's court
21 may 2026
Rule 2026 eleven
Supreme people's court
Concerning the application of criminal proceedings in absentia
Provisions on certain issues
(adopted by the 1960th session of the trial committee of the supreme people's court on 4 december 2025 and by the 66th session of the prosecutorial committee of the 14th session of the supreme people's procuratorate on 19 december 2025, effective 22 may 2026)
In accordance with the law of the people's republic of china, for the purpose of applying the procedure for criminal trials in absentiaCode of criminal procedureLegal provisions, such as the criminal law of the people's republic of china, now provide for a number of issues relating to the specific application of the law in the handling of relevant cases, as follows。
Article 1: “cases of corruption and bribery” under article 291, paragraph 1, of the code of criminal procedure, including cases of corruption and bribery under chapter viii of the penal code, as well as other sections providing for offences punishable under the provisions of chapter viii。
Article 211, paragraph 1, of the code of criminal procedure requires that trials be conducted in a timely manner in cases of serious “crimes against state security” approved by the supreme people's procuratorate, including crimes against state security and other crimes against state security under chapter i of the sub-rule of the penal code。
Article 211, paragraph 1, of the code of criminal procedure requires that trials be conducted in a timely manner, and that serious “crimes involving terrorist activities” be approved by the supreme people's procuratorate, including offences relating to terrorist activities, as defined in chapter ii of the sub-section of the penal code, as well as crimes such as killings, explosions and kidnappings committed by terrorist organizations, persons involved in terrorist activities, etc。
Article 3 criminal suspects and accused persons are suspected of having committed several offences, some of which are in accordance with article 291, paragraph 1, of the code of criminal procedure, for which proceedings in absentia may be applied。
In the case of a joint offence, where a suspect or accused person is abroad and meets the requirements of article 291, paragraph 1, of the code of criminal procedure, proceedings may be conducted in absentia against that suspect or accused person。
Article 4. The people's procuratorate shall promptly inform the suspect of his right to appoint a defence and his close relatives of the right to act as such upon his behalf upon receipt of the materials referred for the examination and prosecution of the case。
The people's procuratorate and the people's court shall focus on the following:
(i) whether it falls within the scope of the case in which proceedings in absentia are applicable
(b) whether it is within the jurisdiction of the court
(iii) whether to state the basic circumstances of the suspect and the accused, including outside the country, their state of health, a clear place of residence abroad, contact details, wanted persons, the issuance of red notices, etc., with supporting evidence
(iv) whether the names, identities, addresses, contact details of the suspect, the close relatives of the accused and all close relatives already available are identified
(v) whether the principal facts of the suspect and the accused were suspected of being involved in the offence are identified and accompanied by evidentiary material
(vi) the type, quantity, value, location, etc. Of the proceeds of the offence and other property involved in the offence, with supporting evidence
(vii) whether to attach a list and relevant legal procedures for the seizure, seizure and freezing of proceeds derived from and related to offences
(viii) whether cases approved by the supreme people's procuratorate are accompanied by relevant legal procedures
(ix) the transfer of relevant materials, if accompanied by a translation。
Article 6 cases of public prosecution by the people's procuratorate in accordance with article 291, paragraph 1, of the code of criminal procedure shall, after examination by the people's court, be dealt with separately:
(a) if the conditions applicable to proceedings in absentia have been met and are within the jurisdiction of the court and the materials are complete, they shall be admissible
(ii) if it does not fall within the scope of the cases for which proceedings in absentia may be applied, falls outside the jurisdiction of the court or does not meet other applicable conditions for proceedings in absentia, it shall be returned to the people's procuratorate
(iii) if the material is incomplete, the people's procuratorate shall be notified within 30 days of the delivery; if it has not been completed within 30 days, and if no reasonable explanation is given, it shall be returned to the people's procuratorate。
Article 7. In cases where the people's procuratorate has instituted a public prosecution in accordance with article 291, paragraph 1, of the code of criminal procedure, the people's court shall, upon filing a case, serve the accused with a summons and a copy of the indictment, which shall set out, inter alia, the time limit for the arrival of the accused and the legal consequences of non-attribution; a copy of the indictment shall be delivered to the close relatives of the accused, informing them of their right to act as a client, to apply for participation in the proceedings and to notify them of their appeal to the accused。
Article 8. In cases of public prosecution by the people's procuratorate in accordance with article 291, paragraph 1, of the code of criminal procedure, service of the relevant procedural documents to the accused shall be effected by means of mutual legal assistance provided for in the relevant international treaties or by diplomatic means, or by other means permitted by the law of the place where the accused is present。
“other means permitted by the law of the location of the accused” means forms of service provided for in the law, jurisprudence, practice, judicial practice, etc. Of the location of the accused, recognition, approval, acceptance, etc., including but not limited to:
(i) in the case of an accused person of chinese nationality, he or she may be entrusted with such service by his or her diplomatic or consular representation in the country of the accused
(ii) if the accused is a foreign unit and its head, he or she may serve through his or her representative body or branch office established in the territory of the people's republic of china or through a person authorized to receive service from the acting agent
(iii) service by post; three months from the date of mailing, service of return shall not be returned but shall be deemed to have been served if it is sufficient in the circumstances to conclude that service has been served
(iv) by means of facsimile, e-mail, communication software, etc., confirming receipt of the accused
(v) delivery to the last place of residence of the accused may be deemed to have been served
(vi) if the place of residence or residence of the accused has been identified but the exhausted means of service are not available, the notice may be given
(g) the law of the location of the accused permits other means。
Article 9 the people's court hears cases in which the people's procuratorate has instituted a public prosecution in accordance with article 291, paragraph 1, of the code of criminal procedure, and the accused has the right to entrust one or two defenders, either to him or to his close relatives. A lawyer who is entrusted with the legal profession of the people's republic of china and who has obtained a certificate of practice in accordance with the law shall be entrusted with the defence; a power of attorney sent from abroad and entrusted shall comply with the relevant provisions。
If the accused and his close relatives do not appoint an advocate, the people's court shall notify the legal aid institution of the assignment of counsel to defend the accused。
If the accused and his close relatives refuse to be represented by a lawyer appointed by the legal aid agency, the people's court shall ascertain the reasons. If justified, the people's court shall grant permission, provided that the accused and his close relatives have appointed a separate defender within five days; if the accused and his close relatives have not appointed another defender, the people's court shall, within three days, notify the legal aid agency of the assignment of another lawyer to defend him, and if the accused and his close relatives refuse to do so again。
Article 10. The people's court shall consider cases in which the people's procuratorate has instituted a public prosecution in accordance with article 291, paragraph 1, of the code of criminal procedure. If the next of kin of the accused applies to participate in the proceedings, he shall submit, after receiving a copy of the indictment and before the first hearing, proof of his relationship with the accused. The people's court shall review the decision promptly upon application by the next of kin of the accused。
The next-of-kin of the accused may entrust his legal representative to participate in the proceedings. When several close relatives apply, one or two persons should be selected to participate in the proceedings and one or two may be jointly entrusted with the proceedings。
Article 11. If the accused and his close relatives are outside the country, the people's court shall issue a notice of the opening of the session not later than thirty days after the date of the session has been fixed, except in accordance with the law, when the hearing is held in camera。
The people's court shall notify the people's procuratorate of the time and place of the session, the accused and his/her defence, the close relatives of the accused who applied for participation in the proceedings and their legal representatives, witnesses, experts and interpreters. The notice shall be served at least three days before the hearing; if served outside, at least thirty days before the hearing。
Article 12. The people's court shall hear cases brought by the people's procuratorate in accordance with article 291, paragraph 1, of the code of criminal procedure, in which the next-of-kin of the accused takes part in the proceedings, may express his views, produce evidence, apply to the court for notification of witnesses, experts, etc. To appear before it, debate and appeal。
Article 13. The people's court shall hear cases brought by the people's procuratorate in accordance with article 291, paragraph 1, of the code of criminal procedure and shall conduct its proceedings in accordance with the following procedures:
(i) after the presiding judge has announced the commencement of the tribunal's investigation, the prosecution shall first read out the indictment and then the defence shall give its opinion on the facts and charges of the crimes charged in the indictment. The next of kin of the accused and his procuradors may give their opinion with the permission of the presiding judge
(ii) the prosecutor and the defence may, with the permission of the presiding judge, consult the next of kin of the accused
(iii) the tribunal shall, in turn, investigate the facts of the crimes alleged in the indictment, the circumstances of the sentence imposed, and the material facts involved. The investigation will be conducted by the public prosecutor, who will present the evidence, the defence who will present the evidence, and the public prosecutor who will present the evidence. With the permission of the presiding judge, the next of kin of the accused and his procurador may present evidence and apply to the court for notification of the appearance of witnesses, experts, etc.
(iv) at the stage of the debate in the tribunal, statements were made by the prosecutor, followed by statements by the defence, close relatives of the accused and their representatives
(v) the defence may make final submissions。
Article 14. The people's court, after being tried in absentia, shall have reached the standards of clarity, proof and proof。
The statements and arguments made by the accused prior to his departure may be relied upon as a basis for the determination of the case, as proven by the court's investigative proceedings, such as the presentation of evidence and the examination of evidence。
If the accused is present during the hearing of a case in absentia, the people's court shall decide to discontinue the hearing. If the people's procuratorate institutes a public prosecution in accordance with article 176 of the code of criminal procedure, the people's court shall, after receiving it in accordance with the law, reopen the proceedings。
If the people's court is reopened, it shall normally be heard by the same people's court, and the original people's court, which has acquired jurisdiction by a designated jurisdiction, shall be reappointed。
Article 16. The people's court shall hand over the offender to the execution of the sentence if the judgement or decision rendered in absentia is applied and the offender is present. The people's court shall inform the offender of his or her right to challenge the sentence or decision before the sentence is imposed. If the offender objects to the judgement or decision, he or she shall do so within ten days of being informed of the right to challenge。
If the offender objects to the judgement or decision, the people's court of first instance shall revoke the judgement or decision and inform the people's procuratorate. If the people's procuratorate institutes a public prosecution in accordance with article 176 of the code of criminal procedure, the people's court shall reopen the proceedings. If the original judgement or decision to dispose of the property of the offender is erroneous, it should be returned and compensated。
Article 17 the people's procuratorate considers that the facts of the crime have been established, that the evidence is sufficient and that criminal liability is established in accordance with the law. It may, without the procedure of confiscation of the proceeds of the offence, initiate a public prosecution directly in accordance with the provisions of article 291 of the code of criminal procedure。
In absentia proceedings, the people's procuratorate applies for the withdrawal of the complaint, and if the people's procuratorate decides to grant the withdrawal of the complaint, the people's procuratorate may make a separate application for the confiscation of the proceeds of the offence; in the event of the death of the accused, the people's procuratorate shall decide to discontinue the proceedings, and the people's procuratorate may file a separate application for the confiscation of the proceeds of the offence, unless there is evidence that the accused is innocent and a judgement of the acquittal was rendered in absentia。
The people's procuratorate makes applications to the people's court for the confiscation of the proceeds of an offence, and after the people's court has ruled in accordance with the law, the people's procuratorate considers it still necessary to initiate proceedings in absentia. It may prosecute separately, in accordance with the provisions of article 291 of the code of criminal procedure. If the people's procuratorate considers that the conditions applicable to the proceedings in absentia have been met, the people's procuratorate shall decide in accordance with the law and shall dispose of the property in question, which has not been disposed of in the proceedings for the confiscation of the proceeds of an offence。
Article 18. Article 296 of the code of criminal procedure provides that “the accused is unable to appear before a court of law if he is suffering from a serious illness” when he suffers from a serious illness which results in a lack of proper perception, understanding, awareness, expression and ability to be tried。
In cases where an accused person suffering from a serious illness is to be tried in absentia, the people's court shall make a determination as to whether the accused is unable to appear before the court in respect of a serious illness, and may, if necessary, appoint, hire a person with expertise to carry out an assessment, produce a report and make a comprehensive determination in conjunction with other evidentiary material and make a determination in accordance with the law。
Article 19 if an accused person suffering from a serious illness dies or escapes during a trial in absentia and meets the conditions for the application of confiscation procedures for unlawful proceeds, the people's procuratorate shall submit a timely application for confiscation of the unlawful proceeds to the people's court。
Article 20. In case of a trial in absentia in accordance with the provisions of article 296 of the code of criminal procedure, and if the accused is restored to the capacity to stand trial, the people's court shall deal with the following:
(i) if, in the course of the proceedings, the capacity for trial is restored, the people's court shall decide to discontinue the proceedings in absentia and continue the proceedings in accordance with the relevant provisions of part iii of the code of criminal procedure
(ii) if, after the judgement or decision has entered into force, the capacity to stand trial is restored and the judgement or decision is challenged, the people's court shall set aside the original judgement or decision and reopen it by the people's court which rendered the judgement in absentia。
Article 21. If the accused dies after the hearing of the case by the people's court, the trial shall be terminated; however, if there is evidence that the accused is innocent and his acquittal is confirmed in absentia, he shall be acquitted。
Article 22. Cases which have been reopened by the people's court in accordance with the trial supervision procedure may be heard in absentia if the accused dies. If the acquittal is confirmed in absentia, the accused shall be acquitted; if, although it constitutes a crime, the original sentence shall be imposed in accordance with the law。
Article 23 the term “innocent” in this provision includes circumstances in which the facts of the case are clear, the evidence is sufficient, the circumstances in which the accused is found innocent under the law and the evidence is insufficient to establish the guilt of the accused。
Article 24 this provision became effective on 22 may 2026. Where judicial interpretations and normative documents previously issued are inconsistent with this provision, this provision shall prevail。
