The judgment is the final judgment of the court on the case, which records the facts, evidence and legal application of the case and is of great significance for the defendant to understand his rights and obligations. During the trial, the court will serve the judgment on the defendant or his defense lawyer. If the defendant or his defense lawyer fails to receive the judgment in time, he may apply to the court for reissue or expedited service.
Criteria for filing a criminal case:
1, criminal fact: refers to the occurrence of a criminal act or an act in violation of the provisions of the criminal law;
2. There is a criminal suspect: it refers to the defendant or criminal suspect who has clear basic information such as his identity and address;
3. There is evidence: it means that there is enough evidence to prove the facts of the crime and the existence of the suspect's illegal and criminal behavior;
4. Belonging to criminal cases: Some charges may only apply to civil cases but not to criminal cases, such as infringement of intellectual property rights and unfair competition. Therefore, it is necessary to judge whether the crime belongs to the category of criminal cases.
Criminal case materials:
1, evidential materials: refers to all kinds of physical evidence, documentary evidence, witness testimony, etc. Related to the facts of the crime. For example, surveillance video, photos, fingerprints, DNA and other physical evidence, written documents, contracts, invoices and other documentary evidence, witness statements and other witness testimony;
2. Investigation record: refers to the record of the police questioning the persons involved, including the time and place of questioning, the inquirer, the interviewee, etc.
3. Appraisal report: refers to a professional appraisal report issued by a judicial appraisal institution to prove the authenticity and reliability of certain facts or evidence. Such as DNA appraisal report, property appraisal report, etc. ;
4. Trial materials: refers to all kinds of evidence materials presented in court, including the defendant's confession, the defense lawyer's debate opinions, the judge's judgment opinions, etc. ;
5. Other relevant materials: for example, personal data of the person involved, photos and videos of the scene involved, etc.
To sum up, it is very important to hire a lawyer as soon as possible in criminal cases. Lawyers can provide necessary legal aid and consultation, help safeguard their own rights and interests, and strive for the best result of legal proceedings.
Legal basis:
Article 34 of the Criminal Procedure Law of People's Republic of China (PRC)
If the judge who should withdraw does not withdraw, and the parties and their legal representatives have not applied for withdrawal, the presiding judge or the judicial committee shall decide to withdraw.