(1) announcing the trial stage
1. The presiding judge shall find out whether the parties appear in court. Check the defendant's name, nationality, native place, date of birth, education level, occupation, address and criminal history one by one, and whether the indictment has been received. If the defendant is a minority who does not know Chinese, he should be provided with an interpreter. If the defendant is under the age of 18, he shall notify his guardian to appear in court and appoint a defense lawyer for him. If the defendant does not receive the indictment or does not receive the indictment within 10 days, the trial will be postponed.
2. Publish the source of the case. Inform the parties that today the court is trying a suspected crime of someone prosecuted by a procuratorate.
3. Announce the names of members of the collegial panel, clerks, prosecutors, defenders, agents ad litem, appraisers and translators; Inform the parties that they have the right to apply for the withdrawal of members of the collegial panel, clerks, public prosecutors, appraisers and translators; Inform the defendant of his right to defense.
4. Inform the defendant of his rights. Including the right to apply for withdrawal, the right to defense, the right to submit evidence, the right to apply for new witnesses to appear in court, the right to apply for new evidence, the right to apply for re-appraisal, the right to re-examine and the right to make a final statement.
5. Ask the defendant whether to apply for withdrawal. If the reasons for the defendant's application for withdrawal comply with the provisions of the Criminal Procedure Law, the court shall be adjourned. Report to the president or the attorney general for decision. If the reasons for the application do not conform to the provisions of the Criminal Procedure Law, the presiding judge shall reject it in court.
6, announced whether the case was heard in public, and explain the reasons.
7. Declare court discipline.
(2) The court investigation stage
1, read the indictment, and the prosecutor read the criminal indictment. Plaintiff in incidental civil action reads out the indictment in incidental civil action.
2. Interrogate the defendants separately. If there are multiple defendants, the court will leave only one defendant for questioning and the other defendants will withdraw from the court.
First of all, the defendant himself stated his opinions on the indictment. The prosecution and the defense cross-examined the defendant. The order of interrogation is public prosecutor, victim, plaintiff in incidental civil action, defender and agent ad litem. The judge can also interrogate the defendant.
3. When witnesses, expert witnesses and witnesses are required to testify, the judge shall inform them of their legal responsibilities for truthfully providing testimony and intentionally perjury or concealing criminal evidence. Public prosecutors, parties, defenders and agents ad litem may, with the permission of the presiding judge, put questions to witnesses and expert witnesses. When the presiding judge thinks that the content of the question is irrelevant to the case, he shall stop it. A judge may question witnesses and expert witnesses. Witnesses and expert witnesses are not allowed to attend the trial.
4. Public prosecutors and defenders presenting evidence shall present material evidence to the court for identification by the parties. Documents as evidence, such as transcripts of testimony of witnesses who did not appear in court, expert conclusions of appraisers and transcripts of inquests, shall be read out in court. A judge shall listen to the opinions of the public prosecutor, parties, defenders and agents ad litem. During the court hearing, if the collegial panel has doubts about the evidence, it may announce an adjournment to investigate and verify the evidence. When investigating and verifying evidence, the people's court may conduct an inquest, inspection, seizure, appraisal, inquiry and freezing.
5. The presiding judge who applied for a new certificate asked the defendant, "Is there any new evidence to show?" The parties, defenders and agents ad litem have the right to apply for notifying new witnesses to appear in court, for obtaining new material evidence, and for re-appraisal or inspection. The court shall make a decision on whether to approve the above application.
6. Apply for someone with specialized knowledge to appear in court.
Public prosecutors, parties, defenders and agents ad litem may apply to the court to notify people with specialized knowledge to appear in court and express their opinions on expert opinions. The court shall make a decision on whether to approve the above application. This is an added procedure in the new criminal procedure law implemented this year.
(3) the court debate stage
1. The presiding judge announced the end of the court investigation and the beginning of the court debate.
2. The public prosecutor initiates a public prosecution.
The victim complained.
4. Statement and defense of the defendant.
5. The defender issued a reply.
6. Debate with each other.
7. When new facts that may affect the judgment are found in the debate, the presiding judge announces to stop the debate and conduct a new court investigation.
8. After the debate on the criminal part, both the prosecution and the defense will debate the civil part.
9. The defendant made a final statement.
(D) the court mediation stage
The presiding judge asked whether the parties involved in the incidental civil action were willing to mediate. If both parties request mediation, the court may mediate the incidental civil action. If there are no incidental criminal proceedings or one party is unwilling to accept mediation, mediation will not be conducted.
(5) Identification and sentencing
1, the presiding judge announced an adjournment.
Both the prosecution and the defense hand over the evidence to the court.
3. The parties check the record and sign it.
4. Members of the collegial panel comment on the opinions of both the prosecution and the defense. The deliberations were held in secret.
5. If the members of the collegial panel have major differences or disagree with the opinions of the collegial panel, they shall be submitted to the judicial committee for discussion and decision.
Step 6 make a judgment.
7. Continue the court session and read the judgment.
Third, the difference between civil cases and criminal cases.
1, with different properties. Civil cases are mainly disputes over civil rights and obligations, which are contradictions among the people. Criminal cases are crimes that endanger society, violate criminal law and should be punished, and belong to the nature of class contradiction.
2. The applicable substantive law is different. The substantive law applicable to civil cases is the general principles of civil law, marriage law, maritime law, etc. The applicable law in criminal cases is criminal law.
3. The applicable procedural law is different. The relevant provisions of the Civil Procedure Law and judicial interpretation shall apply to the trial of civil cases. The relevant provisions of the Criminal Procedure Law and judicial interpretation are applicable to the trial of criminal cases.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 192 In a case of private prosecution that has been put on file and lacks criminal evidence after examination, if the private prosecutor fails to provide supplementary evidence, he shall persuade the private prosecutor to withdraw the prosecution or make a ruling to dismiss the prosecution. After being persuaded to withdraw the prosecution or dismiss the prosecution, the people's court shall accept the new evidence that is enough to prove the defendant guilty again.
Article 193 If a private prosecutor knows that there are other infringers, but only a part of them are prosecuted, the people's court shall accept it, and it shall be deemed that the private prosecutor has waived his right to inform other infringers. After the judgment is pronounced, if the private prosecutor files a private prosecution against other infringers on the same fact, the people's court will no longer accept it. * * * If only some co-victims tell the story, the people's court shall notify other victims to participate in the proceedings. After receiving the notice, the notified person indicates that he will not participate in the litigation or appear in court, which shall be deemed as a waiver of the right to inform. After the verdict is pronounced in the first instance, the people's court will not accept the case if the notified person files a private prosecution on the same fact. However, if a party files a civil lawsuit separately, it is not limited by this interpretation.
Article 194 If two or more criminal acts committed by the defendant belong to a case of public prosecution and a case of private prosecution respectively, the people's court may combine the case of private prosecution with the case of public prosecution.
Article 195 After the people's court accepts a case of private prosecution, if the parties concerned are unable to obtain or provide relevant evidence due to objective reasons, the people's court may, when it deems it necessary, obtain evidence from the people's court.
Article 196 A people's court shall hold a hearing on a case of private prosecution decided to accept. If summary procedure is not applicable, the trial procedure shall be conducted with reference to the provisions of the procedure of first instance for public prosecution cases.
Article 204 During the trial of a case of private prosecution, if the defendant's whereabouts are unknown, the trial shall be suspended. After the defendant is brought to justice, the trial shall be resumed and compulsory measures shall be taken against the defendant if necessary.
Article 205 When trying a case of private prosecution, a judgment shall be made with reference to the relevant provisions of Article 162 of the Criminal Procedure Law and Article 176 of this Interpretation. In cases declared innocent according to law, incidental civil actions shall be mediated or judged together according to law.