(1) The presiding judge shall ascertain 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) announce the source of the case.
Inform the parties that today the court is trying a suspected crime of someone prosecuted by a procuratorate.
(3) to announce the names of members of the collegial panel, clerks, public prosecutors, defenders, agents ad litem, expert witnesses 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) Informing 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.
(six) to announce whether the case is heard in public and the reasons.
(7) Declare court discipline.
Two, what is the summary procedure of criminal cases:
Summary procedure of criminal procedure refers to the trial procedure that is relatively simpler than ordinary procedure and suitable for the people's court of first instance to hear criminal cases. It is a simplification of ordinary procedures and only applies to cases of first instance tried by grass-roots people's courts.
The necessary preparations before the application of summary procedure in criminal cases include the collection and collation of relevant evidence, communication with the parties and confirmation in court, consultation with defense lawyers and preparation of defense materials, as well as contact with the court and confirmation of court time. When collecting evidence, lawyers need to retrieve relevant documents, audio recordings, video recordings, etc. Ensure the integrity and reliability of evidence. Communication with the parties includes understanding the details of the case and confirming important facts and purposes. In order to provide a strong defense in the trial. The consultation with the defense lawyer involves the strategy, defense and evidence application of the case. To ensure the validity and rationality of the defense. Finally, contact with the court includes understanding the relevant regulations such as the time and place of the court session, and ensuring that lawyers and parties attend the court on time and make preparations. The purpose of these preparations is to ensure that the evidence and opinions of the defense can be fully displayed in the trial and protect the legitimate rights and interests of the parties.
Legal basis:
Criminal Procedure Law of People's Republic of China (PRC) (as amended on 20 18);
Chapter III Prosecution Article 175 When examining a case, the people's procuratorate may request the public security organ to provide evidence materials necessary for the trial; If he thinks that there may be cases of collecting evidence by illegal means as stipulated in Article 56 of this Law, he may be required to explain the legality of collecting evidence. When examining a case, the people's procuratorate may return it to the public security organ for supplementary investigation or conduct its own investigation. A case under supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution. If the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution in the case of the second supplementary investigation, it shall make a decision not to prosecute.