Q&A after judgment is an activity in which the judge interprets the questions raised by the parties about the admissibility of evidence, the determination of facts, the reasons for judgment, the application of law, the socialist core values, etc., so as to help the parties correctly understand the contents of judicial judgment, correctly understand the results of judicial judgment and correctly treat judicial compulsory measures.
Question and answer content after judgment:
Post-judgment questions and answers mainly focus on the admissibility of evidence, fact finding, application of law, reasons for judgment, judgment results, litigation procedures and so on. Do not answer questions on matters involving state secrets, personal privacy and commercial secrets, as well as matters that should not be made public, such as collegiate bench, instructions and replies.
Cases that can be applied:
Question answering after judgment is applicable to all kinds of first-instance and retrial cases that have been judged by our hospital, and the execution cases are applicable by reference.
Inapplicable circumstances:
1. Criminal prosecution cases;
2. Mediation, conciliation and withdrawal of cases;
3 cases handled by special procedures, retrial review procedures and other special procedures;
4. Cases in which the parties have appealed against the judgment made by our hospital, or appealed to the people's court at a higher level and applied for retrial;
5 cases that have passed the second-instance judgment or appeal review;
6. Cases under trial;
7. The same party in the same case has answered questions after judgment.
Question and answer type after judgment:
There are two ways for the parties to apply for answering questions after the judgment:
First, answer questions in time.
The second is to make an appointment to answer questions.
Timely answering questions refers to asking the judge to answer questions after the judgment when the parties sign the judgment document; Appointment for answering questions means that the parties can't apply for answering questions in time, and after signing the judgment document (during the appeal period or after it takes effect), they submit an application to the litigation service center, asking the court official to answer questions after the judgment.
The process of answering questions after judgment
Timely question-and-answer process
If one of the parties is a natural person and directly serves the judgment documents to the party concerned, or if one of the parties is a legal person, social organization or other organization and directly serves the judgment documents to the legal representative or person in charge of the legal person, social organization or other organization, it may apply for timely answering questions. If you can't make a decision on the spot, you can apply for an appointment to answer questions later. If an agent applies for answering questions in time, he must obtain the written authorization of the parties before applying to the people's court for an appointment to answer questions.
(2) Appointment question and answer process
If the parties fail to answer questions in time after receiving the judgment documents made by our hospital, they can submit an application form for making an appointment to answer questions to the litigation service center of our hospital, and clarify the basic situation and matters that need to be answered. After preliminary examination, the litigation service center considers that it meets the conditions for answering questions after judgment, and shall forward the application form and related materials to the judge in charge, who shall arrange the time and place and notify the parties to answer questions after judgment.
Materials to be provided by the applicant:
To apply for an appointment to answer questions, you must bring the original ID card and the original or copy of the judgment document that requires answering questions. In principle, the time for answering questions should be agreed by the parties themselves. Where an application is filed by others, the parties concerned must issue a power of attorney, and specify the specific agency authority and time limit. If the parties entrust an agent to answer questions after the judgment, the court's answer to the agent has the same effect as that to the parties.
How to answer questions after judgment:
In principle, the post-judgment question and answer shall be in the form of the presiding judge and members of the collegiate bench receiving the parties, and the assistant judge may participate in the post-judgment question and answer under the guidance of the judge. For those who are inconvenient to move, have a long journey, or can't answer questions orally in person due to epidemic prevention and control, they can answer them by telephone, online video, etc.
Other matters:
Applicants who answer questions after the judgment must abide by the relevant laws, and must not make unreasonable noises or make troubles, or interfere with the normal working order of the court. Violation of laws and regulations, shall be investigated for legal responsibility according to law.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 202
The verdict was announced publicly. If a verdict is pronounced in court, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution within five days; If the sentence is pronounced on a regular basis, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement. The written judgment shall be served on the defender and the agent ad litem.