Supreme People’s Court and Supreme People’s Procuratorate Issue Provisions on Several Issues Concerning the Application of the Criminal Trial in Absentia Procedure

On May 21, 2026, the Supreme People’s Court and the Supreme People’s Procuratorate released the Provisions on Several Issues Concerning the Application of the Criminal Trial in Absentia Procedure (the “Provisions”), which shall come into force on May 22, 2026.

The Provisions clarify that the scope of application of trial in absentia includes cases involving corruption and bribery, as well as crimes seriously endangering national security and terrorist activities that, upon approval by the Supreme People’s Procuratorate, require prompt trial, and further refine the applicable rules for cases involving multiple offenses and joint crimes. The Provisions set out the examination requirements for the People’s Courts and the People’s Procuratorates with respect to the scope of cases, jurisdiction, the defendant’s circumstances outside the territory, information on close relatives, property involved in the case, translation materials, and other matters, and clarify the rules on acceptance, return, and supplementary submission of materials. They also improve the rules concerning service outside the territory, defense and legal aid, participation in litigation by close relatives, hearing announcements and trial procedures, the handling of cases after the defendant is brought to the court or raises an objection, and the coordination between trial in absentia and the procedure for confiscation of illegal gains.