What is the latest criminal court procedure?

First, the trial preparation stage 1, to find out the identity of the parties: name; Former name; Date of birth; Nation; Native place; Education level; Occupation; Location of household registration; Home address; Whether he has received criminal punishment or administrative punishment; When to be detained; When he was released on bail pending trial; When to receive a copy of the indictment from the procuratorate; If the court makes mistakes in checking the age, identity and criminal record of the defendant, which may affect the trial result of the case, the lawyer should carefully record it and clarify it during the court investigation. 2. Declare that the defendant is suspected of committing a crime; Announce the names of the members of the collegial panel and other participants (prosecutors and defenders); Inform and ask whether to apply for withdrawal; 3. Right to inform the parties and defenders: According to Article 192 of the Criminal Procedure Law of People's Republic of China (PRC), the parties, defenders and agents ad litem have the right to apply for notifying new witnesses to appear in court, obtaining new material evidence and applying for re-appraisal or inspection. 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; According to articles 185 and 193 of the criminal procedure law of People's Republic of China (PRC), the defendant not only enjoys the above rights, but also has the right to defend himself and make a final statement. Second, the court investigation stage 1, the prosecutor read the indictment; The judge asked the defendant whether what he read was consistent with what he received; 2. (The judge ordered the other defendants to leave the court for trial) The judge asked the defendant A: "Does the fact alleged in the indictment exist? Is it guilty? Do you voluntarily plead guilty? " The defendant made a statement about the alleged crime; 3. The public prosecutor questioned the defendant A; In the process of court investigation, lawyers should listen carefully to the defendant's interrogation and questions, and be prepared to ask questions. If the public prosecutor threatens, induces or has nothing to do with the defendant, the defense lawyer has the right to raise an objection. If the court rejects the objection, it should respect the decision of the court. 4. The defender asked the defendant a question; 5. Defendant A withdrew from court for trial, and Defendant B was summoned to court in the same procedure, and all defendants were summoned to court one by one. Third, the stage of proof and cross-examination 1. The public prosecutor provides evidence to the court on the criminal facts alleged in the indictment; 2. The defendant talks about cross-examination opinions; 3. Defenders talk about cross-examination opinions; We should pay attention to the cross-examination of prosecution witnesses in court from the following aspects: the relationship between witnesses and the facts of the case; (2) the relationship between witnesses, defendants and victims; (3) the relationship between testimony and other evidence; (4) The contents and sources of the testimony; (5) The environment, conditions and mental state of the witness when he perceives the facts of the case; (6) Witness's perception, memory and expression ability; (seven) whether the witness is interfered or influenced by the outside world; (eight) the age of the witness and whether there are physical or mental defects; (9) Whether the testimony is inconsistent. Defense lawyers should combine the above aspects to express their opinions on the credibility of witness testimony in a timely manner and explain the reasons. If there is any objection, he should argue with the complainant. If the public prosecution agency proposes that a witness who is not on the witness list testify in court, the defense lawyer has the right to suggest that the court reject the letter or ask the court to postpone the trial. We should pay attention to the cross-examination of expert witnesses and expert conclusions in court from the following aspects: (1) the relationship between expert witnesses and cases; (two) the relationship between the expert witness and the defendant and the victim; (3) the qualification of the appraiser; (four) whether the appraiser is interfered and influenced by the outside world; (five) the basis and materials for identification; (6) Identification equipment and methods; (seven) the relationship between the appraisal conclusion and other evidence; (eight) whether the appraisal conclusion has scientific basis. The physical evidence presented by the complainant should be cross-examined from the following aspects: (1) the authenticity of the physical evidence; (2) the connection between the material evidence and the case; (3) the connection between physical evidence and other evidence; (four) the need for physical evidence to prove the problem; (5) Whether the procedures for obtaining material evidence are legal. Defense lawyers should combine the above aspects to express their opinions on the credibility of material evidence in a timely manner and explain the reasons. If there is any objection, they should argue with the complainant. If the prosecution produces physical evidence outside the evidence list, the defense lawyer has the right to suggest that the court reject it or ask the court to postpone the trial. The documentary evidence produced by the complainant should be cross-examined from the following aspects: (1) the source of the documentary evidence and whether it is the original; (2) Authenticity of documentary evidence; (3) The connection between documentary evidence and this case; (four) the connection between documentary evidence and other evidence; (five) the contents of documentary evidence and the problems to be proved; (6) Whether the procedures for obtaining documentary evidence are legal. The defense lawyer shall, in combination with the above aspects, express opinions on the credibility of documentary evidence in a timely manner and explain the reasons. If there is any objection, they should argue with the complainant. For documentary evidence presented by the prosecution that is not in the evidence list, the defense lawyer has the right to suggest that the court reject it or request an adjournment. We should pay attention to cross-examination of the written testimony of witnesses who did not appear in court read by the prosecution from the following aspects: (1) the reasons why witnesses could not appear in court and its influence on this case; (2) Whether the forms and sources of witness testimony are legal, and whether the contents are complete and accurate; (3) Relevant aspects specified in Article 95 of this Law. Defense lawyers should combine the above aspects to express their opinions on the credibility of the testimony of witnesses who did not appear in court in time and explain the reasons. If there is any objection, he should argue with the prosecution. When necessary, they have the right to suggest that the court reject the letter or ask the court to postpone the trial, and notify the witness to testify in court. When the prosecution reads out the witness's testimony outside the evidence list, the defense lawyer has the right to suggest that the court reject it, or ask the court to postpone the trial and notify the witness to testify in court. We should pay attention to the following aspects in cross-examination of the appraisal conclusion read by the complainant: (1) The reason why the appraiser can't appear in court and its influence on the case; (two) whether the form and source of the appraisal conclusion are legal, and whether the content is complete and accurate; (3) Other relevant aspects as stipulated in Article 97 of this Law. Defense lawyers should combine the above aspects to express their opinions on the credibility of the appraisal conclusion in a timely manner and explain the reasons. If there is any objection, he should argue with the complainant. When necessary, the defense lawyer has the right to suggest that the court reject the letter or request the court to postpone the trial, notify the appraiser to appear in court for cross-examination, or apply to the people's court for supplementary appraisal or re-appraisal. If the plaintiff reads out the appraisal conclusion outside the evidence list, the defense lawyer has the right to suggest that the court reject it or ask the court to postpone the trial, notify the appraiser to appear in court for cross-examination, or apply to the people's court for supplementary appraisal or re-appraisal. The audio-visual materials provided and played by the complainant shall be cross-examined from the following aspects: (1) the formation, time, place and surrounding environment of the audio-visual materials; (2) Whether the procedures for collecting audio-visual materials are legal; (3) Equipment for playing audio-visual materials; (four) the contents of the audio-visual materials and the problems to be proved; (five) whether the audio-visual materials are forged or altered; (6) Contact with other evidence. After the audio-visual material is played, if the defense lawyer finds that the material is untrue or its content is not voluntary, he shall put forward suggestions and reasons for not adopting it. Both the prosecution and the defense can debate this, and the defense lawyer has the right to ask the court to investigate and verify it. If the prosecution provides audio-visual materials other than the evidence list, the defense lawyer has the right to suggest that the court reject the letter or request an adjournment. 4. The public prosecutor provides sentencing evidence to the court; 5. The defendant talks about cross-examination opinions; 6. Defenders talk about cross-examination opinions; 7. The judge asked the defendant and the defender if they had any evidence to provide. When giving evidence, defense lawyers should explain to the court the form, content, source and problems to be proved, and pay special attention to the following aspects: (1) the legality of the sources of material evidence, documentary evidence and audio-visual materials; (2) Whether the procedures for obtaining witness testimony, defendant's statement and expert conclusion are legal; (3) the authenticity of the evidence; (four) the connection between evidence and cases and evidence. If the complainant objects to his own evidence, the defense lawyer should argue in a targeted manner to safeguard the credibility of his own evidence. 8. The judge asked the defendant and the defender whether to apply for new witnesses to appear in court, obtain new material evidence and apply for re-appraisal or inquest? Fourth, the court debated 1, and the prosecutor issued a public prosecution opinion; The defense lawyer should listen carefully to the complaints expressed by the complainant, record the main points and prepare for the debate. 2. The defendant defends himself; 3. Defenders express their defense opinions; Defense opinions should be analyzed and demonstrated from different aspects such as whether the facts are clear, whether the evidence is sufficient, whether the applicable law is accurate, and whether the proceedings are legal, and put forward opinions and reasons for the conviction and sentencing of the case. Orientation before defense: innocent defense or guilty defense? Defending the defendant's innocence should mainly be carried out in the following aspects: (1) The evidence accused by the prosecution is not enough to determine the defendant's guilt; (2) Under the following circumstances, the evidence provided by the prosecution or the defense can prove that the defendant is innocent according to law; 1, the defendant's behavior is obviously minor and harmless, and it is not considered a crime; 2. The defendant's behavior is legal; 3. The defendant did not commit the criminal acts accused by the prosecution. (3) Other circumstances in which the defendant is found innocent according to law. Article 113 To defend the defendant's guilt, we should focus on the nature of the case and give the defendant a lighter, mitigated or exempted punishment. Article 114 A lawyer's defense should focus on the issues related to conviction and sentencing, grasp the key points, highlight the key points, and not dwell on side issues. 4. Second round of debate; V. The defendant's final statement; 1, the statement of the defendant; 2. Court education; 3. Adjourn. As you can see, the latest criminal trial process actually mainly includes the above five parts. Some criminal offences will be pronounced by the court after the criminal suspect's final statement, while some criminal acts will be pronounced by the court in due course. The main process is to do some preparatory work before the trial, and the court staff will conduct an investigation, and then include proof, cross-examination and defense of both parties.