1. Who is the court's judgment served in criminal cases?
According to Article 202 of the Criminal Procedure Law of People's Republic of China (PRC), if a verdict is pronounced in court, it shall be served on the party 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.
The written judgment shall be served on the people's procuratorate, the parties and their legal representatives, defenders and agents ad litem, and may also be served on the close relatives of the defendant. After the judgment comes into effect, it shall also be served on the defendant's unit or the local police station or the registration authority of the defendant's unit.
Second, what is the structure of criminal judgment?
(1) Title and number. The title reads "criminal judgment of XX People's Court" in two lines. Write the number at the lower right of the title, including year, court abbreviation, document category and number.
(2) The identity of the public prosecutor. State the name and position of the public prosecutor.
(3) the identity and basic information of the defendant. Including the defendant's name, gender, age, nationality, native place, occupation and address, the time and reason of his detention and arrest, and whether he was detained or not.
(4) Defender column. If the defender is a lawyer, just state his name, work unit and occupation. If the defender is a close relative or guardian of the defendant, in addition to his name and position, he shall also indicate his relationship with the defendant.
(5) cause of action. Methods of prosecution and trial. Explain whether the case is prosecuted by the people's procuratorate or by the private prosecutor; The name of the defendant and the charges against him; Whether to form a collegiate bench according to law, or to try it separately, in public or in private; Prosecutors and defenders appear in court.
(6) facts. The facts that constitute a crime must be investigated and confirmed by the people's court in court according to law. Mainly indicate the time, place, people, reasons, means, process, consequences, etc.
(7) Evidence and reasons. Evidence includes direct evidence and indirect evidence, such as witness, material evidence and documentary evidence. The evidence must be conclusive, sufficient and powerful. When writing reasons, you must be persuasive and judge according to which article and paragraph of the criminal law.
(8) The text of the judgment. Mainly write to determine what crime the defendant committed, whether it is necessary to impose a penalty, what penalty to impose, the handling of stolen money and goods, and the start and end date of the sentence. For the text of the judgment of the same criminal case, the conviction and sentencing parts are arranged in the order of principal and accessory.
(9) explain the right of appeal and the way of appeal. It is necessary to clarify the appeal period, the number of appeals, the court of appeal and the way of appeal.
(10) End. Signature of members of the collegial panel; Date of judgment and court seal; The clerk signed and sealed "This copy is verified to be consistent with the original".
In our daily life, the trial process of criminal cases is not clear in most cases. After hearing all the facts of the case, the court will issue a judgment, which needs to be sent to the parties, so that a case can be concluded.