Provisions on observers in criminal cases

Legal Analysis: According to the Criminal Procedure Law of People's Republic of China (PRC), citizens can sit in on public trials. Therefore, the family members of the observers can attend, except those prohibited by Article 9 of the Rules of People's Republic of China (PRC) People's Court. But minors must get permission from the court. Therefore, some family members who want to bring their children to attend the audit must obtain the permission of the court in advance. But our lawyer advised not to bring minors to participate in the audit. Due to the immature mental development and limited cognitive ability and level of minors, the analysis and judgment of things are not necessarily accurate. Listening in on cases may not help them grow up and judge the events involved. Even cause lifelong negative psychological harm.

Legal basis: People's Republic of China (PRC) Civil Procedure Law.

Article 76 A party may apply to a people's court for an appraisal of the specific circumstances of finding out the facts. If the parties apply for appraisal, the qualified appraisers shall be determined by both parties through consultation; If negotiation fails, it shall be designated by the people's court. If the parties concerned do not apply for identification, and the people's court considers it necessary to identify specialized issues, it shall entrust a qualified appraiser for identification.

Article 77 An appraiser has the right to know the case materials needed for appraisal, and may ask the parties and witnesses when necessary. The appraiser shall put forward written appraisal opinions and sign or seal the appraisal book.

Article 78 If the parties have objections to the expert opinion or the people's court considers it necessary for the expert to appear in court, the expert shall testify in court. If the appraiser refuses to testify in court after being notified by the people's court, the appraisal opinion shall not be used as the basis for ascertaining the facts; The party who paid the appraisal fee may request the return of the appraisal fee.

Article 79 A party may apply to a people's court to notify a person with specialized knowledge to appear in court and give opinions on expert witness's expert opinions or professional issues.

Article 80 When inspecting physical evidence or the scene, the inspector must produce the certificate of the people's court, and invite local grass-roots organizations or the units to which the parties belong to send people to participate. The parties or adult family members of the parties shall be present, and the refusal to be present will not affect the conduct of the inquest. According to the notice of the people's court, the relevant units and individuals have the obligation to protect the site and assist in the inspection. The inspectors shall make a record of the inspection situation and results, which shall be signed or sealed by the inspectors, the parties concerned and the invited participants.