Case analysis of criminal procedure law: Ma and Zhao both killed the victim Qian. In the first instance, the public prosecution agency also asked the defendants Ma and Zhao. Witness Wang attended the trial and testified at the request of the prosecution, and answered questions from defenders, prosecutors and presiding judges successively. After court investigation, court debate and the defendant's final statement, the collegial panel finally sentenced Ma and Zhao to immediate execution and 15 years' imprisonment respectively, and compensated the plaintiff for various losses of 120,000 yuan. After the verdict was pronounced, Ma and Chair Zhao appealed on the grounds that the sentence was too heavy. The court of second instance examined the criminal part and found that the facts identified in the original judgment and the applicable law were correct. If the sentence is appropriate, the original judgment shall be upheld and reported to the Supreme People's Court for approval. Please analyze the procedural issues of this case.
Second, answer:
1, "The public prosecutor interrogates the defendants Ma and Zhao at the same time" is wrong.
Provisions: Article 199 of the Interpretation of Criminal Procedure Law (20 12) shall interrogate the co-defendants separately. When necessary, the co-defendants may be summoned to confront each other in court.
2. "Witness Wang attended the trial of this case" is wrong.
According to Article 2 16 of the Interpretation of the Criminal Procedure Law, the questioning of witnesses, experts and people with specialized knowledge should be conducted separately. After the prosecution and the defense or the judge have questioned witnesses, expert witnesses and people with specialized knowledge, the presiding judge shall notify them to leave the court.
Witnesses, expert witnesses and people with specialized knowledge may not participate in the trial of this case.
3. It is wrong to "answer the questions of defenders, prosecutors and presiding judges successively".
According to Article 2 12 of the Interpretation of the Criminal Procedure Law, questions to witnesses and expert witnesses should be put forward by the party that submitted the notice first; After asking questions, with the permission of the presiding judge, the other party may also ask questions.
4. "The collegial panel finally sentenced Ma to immediate execution and Zhao to 15 years' imprisonment respectively" is wrong.
According to Article 178 of the Interpretation of Criminal Procedure Law, the collegial panel shall make a judgment and ruling in time after hearing and deliberation.
For a case sentenced to death or protested by a people's procuratorate, the collegial panel shall submit it to the president for decision and submit it to the judicial committee for discussion and decision.
5. "The court of second instance reviewed the criminal part" is wrong.
According to Article 311 of the Interpretation of Criminal Procedure Law, if only some defendants appealed, or the private prosecutor appealed against only some defendants' judgments, or the people's procuratorate protested against only some defendants' judgments, the people's court of second instance shall examine the whole case and deal with it together.