First, the preparation before the trial
( 1)
Clerk: Find out the appearance of public prosecutors, parties, witnesses and other participants in the proceedings.
Prosecutor: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Victims: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Plaintiff of incidental civil action: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Agent: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Agent ad litem: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Defendant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Defender: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Defendant in incidental civil action: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Agent: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Agent ad litem: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Witness: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Appraiser: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Translator: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Prompt (1): If the victim, agent ad litem, witness or expert witness fails to appear in court after being summoned or notified by the court, the court may hold a hearing according to Article 123 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Execution of Criminal Procedure Law (hereinafter referred to as "Several Interpretations").
If the plaintiff in an incidental civil action refuses to appear in court without justifiable reasons after being summoned by the people's court, or withdraws from court without the permission of the court, it shall be treated as withdrawing the lawsuit on its own.
(2)
Clerk: Now, announce the main rules of the court:
1. All court personnel shall abide by the court order and obey the unified command of the presiding judge.
2. All court personnel must turn off the communication tools, and are not allowed to clap or make noise, which will interfere with the trial activities.
3. Without permission, all persons appearing in court shall not record, video or take photos, and shall not enter the trial area.
4. The presiding judge has the right to stop acts that violate the court order, and if he refuses to stop, he can order the bailiff to forcibly take him out of the court; If the circumstances are serious, a fine or detention shall be imposed; Seriously disturbing the court order, which constitutes a crime, shall be investigated for criminal responsibility according to law.
When the judge enters the court or announces the judgment, all the people present in the court should stand up.
(3)
Clerk: Next, please invite the public prosecutor and the defender to appear in court.
Clerk: please ask the presiding judge and judges (people's jurors) to enter the court, and all of them will stand up ... (announced after the collegiate bench members take their seats) and take their seats (the collegiate bench members take off their hats when they take their seats).
Clerk: Presiding judge, the pre-trial preparations are ready. Please ask the presiding judge to open the court.
Second, the preparation after the trial
Presiding Judge: (After the collegial panel exchanged views) Now, I declare the trial open.
This case is tried by ordinary first instance procedure. The trial method adopted is that, under the presiding judge's auspices, both the prosecution and the defense will make statements, give evidence and argue in court during the investigation and debate stage of the court, centering on the criminal facts, evidence and opinions on applicable laws alleged in the indictment, as well as the claims, reasons and relevant evidence of incidental civil litigation, and then the court will conduct the trial according to the statements, hearings and debates.
Presiding Judge: Now the defendant XXX is summoned to appear in court (release the restraint as appropriate).
(Including other defendants who committed the same crime, omitted ...)
( 1)
Presiding Judge: Next, first make clear the following information of the defendant.
Presiding judge: the defendant (name, alias, alias, gender, date of birth, birthplace, nationality, education level, occupation or work unit, position and address, etc.). ).
(If the defendant is a unit, the name and domicile of the unit, the name and position of the litigation representative shall be ascertained. )
Presiding Judge: Have you ever been punished by law (that is, have you been detained by public security, fined, reeducated through labor, or given criminal punishment)?
..... Tip (2): If escaping during the period of restricting personal freedom may constitute a legal or discretionary circumstance such as recidivism, the original cause and time shall be inquired. If you are a repeat offender, you should also pay attention to figuring out the release time.
Defendant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Presiding Judge: When were you arrested, released on bail, placed under residential surveillance, detained and arrested (note that it varies from case to case)?
Defendant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Presiding Judge: When did you receive the copy of the indictment from the People's Procuratorate (or did you receive the copy of the indictment 10 days before the court session)?
Defendant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Presiding Judge: When was the civil complaint attached to a criminal case received (check whether it was delivered within 5 days after acceptance)?
Defendant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(Check the situation of other defendants with the same crime in the above way. Just ...)
Presiding judge: Next, check the identity and agency authority of both parties in incidental civil litigation.
Presiding judge: Plaintiff in incidental civil action (name, gender, date of birth, place of birth, nationality, education level, occupation or work unit and position, address, whether he is the victim of this case or his near relatives).
Presiding judge: legal representative (name, gender, occupation or work unit and position, address, relationship with the parties).
Presiding judge: agent ad litem (name, work unit, position and agency authority).
(* * Plaintiffs and their agents in incidental civil actions are omitted).
Presiding judge: the defendant in an incidental civil action other than the defendant (name, date of birth, place of birth, nationality, education level, occupation or work unit, position and address, etc.). ).
Presiding judge: legal representative (name, gender, occupation or work unit and position, address, relationship with the parties).
Presiding judge: agent ad litem (name, work unit, position and agency authority).
(* * With the defendant in incidental civil action and his agent ad litem ...).
(2)
Presiding Judge: Next, announce the cause of action and whether to hold a public hearing.
In this case, the People's Procuratorate of Datian County filed a public prosecution against the defendant XXXX on XX, XX, XX. In the course of litigation, the plaintiff XXX of incidental civil action filed an incidental civil action with our court. Our hospital has formed a collegiate bench according to law, and now the case is heard in public (or closed according to law because it involves state secrets, personal privacy and commercial secrets and the defendant is a minor).
(3)
Presiding judge: Next, announce the names of the prosecution and the defense, the trial and the participants in the proceedings.
In this case, Judge XXX of Datian County People's Court served as the presiding judge, Judge XXX and Judge XXX (or people's jurors) formed a collegial panel, and the clerk XXX served as the court record. Datian County People's Procuratorate appoints a prosecutor (or procurator-general or procurator) XXX to appear in court to support public prosecution; Lawyer XXX of XXXX Law Firm appeared in court to defend the defendant XXX (or the people's court appointed lawyer XXX of XXXX Law Firm to defend the defendant XXX); The agent ad litem XXX is the plaintiff XXX in incidental civil action; The agent ad litem XXX represents the defendant XXX in the incidental civil action; Appraiser XXX, XXX, translator XXX, etc. Attend court proceedings. (Other defenders, agents ad litem, expert witnesses and translators are omitted.
(4)
Presiding Judge: Next, during the court hearing, inform the parties and their legal representatives of their litigation rights:
The parties and their legal representatives have the right to apply for withdrawal, that is, they can apply for withdrawal of members of the collegial panel, clerks, prosecutors, appraisers and translators according to law;
(2) The parties and their legal representatives have the right of proof, that is, they can present evidence in the trial, apply for notifying new witnesses to appear in court, obtain new evidence, and apply for re-appraisal or inquest and inspection;
The defendant has the right to defense, that is, in addition to entrusting a defender to defend, he can also defend himself;
The defendant has the right to make a final statement, that is, he can make a final statement after the court debate.
Have the parties and their legal representatives heard the above litigation rights clearly? Did you apply to drop out of school?
Defendant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Agent: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Victims: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Agent: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Plaintiff in incidental civil action: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Agent: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Defendant in incidental civil action: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Agent: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
..... Tip (3): If the collegial panel considers that the application for withdrawal conforms to the statutory circumstances stipulated in Articles 28 and 29 of the Criminal Procedure Law, it shall make a decision to apply for withdrawal in accordance with Articles 30 and 3 1 of the Criminal Procedure Law, and decide to withdraw and adjourn the court; If the collegial panel considers that it does not meet the statutory circumstances, it shall reject it in court and continue the trial. If the applicant applies for reconsideration in court, the collegial panel shall announce an adjournment, and decide whether to continue the hearing after making a reconsideration decision and making a Decision on Application for Reconsideration.
Third, court investigation.
Presiding Judge: (After the collegial panel exchanged opinions) The court is ready to end, and now the court investigation will be conducted.
The court investigation is divided into two stages, one is "statement in court", the other is "giving evidence in court, cross-examination and authentication", and the investigation is conducted in the order of criminal litigation first and civil litigation later.
(1) criminal investigation
Presiding Judge: Now, we will conduct a court investigation on criminal proceedings.
1, stated in court
Presiding Judge: Next, make a statement in court. The rules for appearing in court are: first, the indictment is read by the public prosecutor; Secondly, the defendant and the victim respectively stated the criminal facts alleged in the indictment; Finally, both the prosecution and the defense and the judges ask or question the statements of the defendant and the victim.
(Next, Judge XXX can also preside over the statement in court).
(1) defendant's statement and its trial.
1) statement
Presiding Judge: The indictment will be read by the public prosecutor.
The prosecutor read the indictment: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Presiding judge: Take the second defendant and the third defendant (both guilty) out of the court and summon them.
Presiding Judge: Defendant XXX, did you hear the indictment read by the public prosecutor just now?
Defendant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Presiding Judge: Next, you will make a (separate) statement on the X criminal facts (summarizing the total number and charges) charged in the indictment. If the statement is consistent with the indictment, there is no need to repeat it. If there is any dispute, you can directly state the controversial part.
Presiding judge: defendant XXX, do you have any different opinions on the facts of the crime accused of you (brief description of the charges) and the number X in the indictment?
Defendant's statement: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Presiding judge (when the defendant makes a statement without objection): Is the defendant XXX's time, place, motive, purpose, means, plot, process, consequences, attitude and performance after the crime (the constitutive requirements of the crime should vary from case to case) consistent with the charges charged in the indictment?
Defendant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(Since the defendant makes a statement without objection, it is inevitable to ask questions except for a single charge, so the trial of the charge can be simplified and directly transferred to the defendant to make the next statement in the above way. )
(2) Trial (interrogation and inquiry)
Presiding Judge (when the defendant makes an objection statement): Defendant XXX, do you have any different opinions on Item X of the indictment, except … (briefly describe the contents of the dispute)?
Defendant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Presiding Judge: Next, both the prosecution and the defense will interrogate or ask questions about this statement of the defendant.
Presiding Judge: The prosecution can interrogate if necessary.
The prosecutor questioned the defendant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Defendant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The victim (or agent ad litem) puts forward supplementary questions to the interrogation of the public prosecutor: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Defendant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Presiding Judge: The defense can ask questions if necessary.
Defender (or legal representative or agent ad litem of the defendant) demands: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Defendant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(If it is necessary for the same defendant to state other criminal facts and review them, they shall be conducted one by one according to the above rules).
③ Final supplement (necessary procedure)
Presiding Judge: If the defendant, the prosecution and the defense have omitted the statements, interrogations and questions just made, they can also add them.
Presiding Judge: Does the defendant need to make a supplementary statement?
Defendant's supplementary statement: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Presiding Judge: Does the prosecution need additional information (inquiry)?
Supplementary information (question) of the prosecution (the prosecutor, the victim and his agent ad litem): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Presiding Judge: Does the defense need to ask additional questions?
The defense (the defendant's defender and legal or litigation agent) raises supplementary questions: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(4) Interrogate several defendants separately and confront them in the same court.
Presiding judge: Take the defendant XXX out of court and wait for summons. Summon the defendant XXX to the court. (according to the above rules, state and hear one by one).
Presiding Judge (after interrogation): Summon other defendants to appear in court.
Presiding Judge: If the prosecution needs to confront the defendant in the same court, it can do so (or the collegial panel can directly confront the defendant ex officio when it deems it necessary).
The prosecution (or our court) confronted the defendant in the same court: _ _ _ _ _ _ _ _ _ _ _ Defendant: _ _ _ _ _ _ _ _ _ _ _ _ _ Defendant.
Defendant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The defendant (the defendant's defender, legal representative or agent ad litem) confronted the defendant * * * in the same court: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Defendant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Hint (4): The purpose of the defendant's statement is to find and record his controversial defense focus on the accused facts and applicable laws, so that the prosecution can focus on interrogation and evidence proof, the defense can ask questions and evidence rebuttal, and the trial focuses on guiding the two sides to prove and cross-examine the disputed X allegations or X facts, and to summarize, analyze, identify or determine whether to adopt the disputed facts and applicable legal opinions when making judgment documents. Therefore, in the presentation stage, the defendant should be guided to grasp the focus of controversy and avoid unnecessary repetition. When the judge "listens", he should pay attention to the "layering of reasoning and defense", that is, to clarify the true defense about the defendant's innocence, light crime or reduction or exemption from criminal responsibility. If there are several excuses, it is necessary to distinguish between levels in order to focus on the trial one by one.
..... hint [5]: the purpose of inquiry (sending),
It is to identify the authenticity of the defendant's statement and verify whether the alleged "legal facts" are flawed and conform to the "objective facts", that is, to eliminate the false and retain the true through "trial"; Do not repeat the contents of the indictment. Because repeating the contents of the indictment is a fact to be proved, and it affects judicial efficiency. (
The purpose of interrogating the victim and the incidental civil plaintiff is the same as that of confronting the criminal defendant in the same court. The public prosecutor should pay attention to: ① if the defendant makes a guilty statement, he can interrogate the part different from the accusation; (2) If the defendant makes a statement of innocence or recants, he should first question the basis and reasons of his defense and question the contradictions in the statement. You can also confront the defendant in the same court and expose false statements, but if you need to impeach evidence with a spear or a shield, it should be done at the stage of proof and cross-examination; (3) The well-founded statement (retraction) shall be transferred to the court for evidence and cross-examination, and the investigation needs to be postponed after verification; (4) Confessions and excuses that do not affect conviction and sentencing shall be recorded.
(2) the victim's statement and his interrogation (interrogation)
1) statement
Presiding judge (after the defendants confronted each other in the same court): Next, the victim XXX made a statement on the criminal fact X (related to the victim) charged in the indictment. If the statement is consistent with the indictment, there is no need to repeat it. If there is any dispute, you can directly state the controversial part.
Presiding judge: victim XXX, do you have any different opinions on the facts of the defendant's crime (briefly describing the crime caused by the defendant to the victim) and the number X in the indictment?
Victim's statement: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The statements of other victims ... were omitted. If all the victims have made statements without objection, it is inevitable to ask questions to them except a single victim, so the trial of the case can be simplified and directly transferred to the victim for the next statement in the above way).
(2) Review (ask questions)
Presiding judge (when the victim makes an objection statement): Next, both the prosecution and the defense ask questions about the victim's statement.
Presiding Judge: The prosecution can ask questions if necessary.
The prosecutor asked: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Victims: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The victim's agent ad litem asked: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Victims: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Presiding Judge: The defense can ask questions if necessary.
The defendant asked: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Victims: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(* *) Questions about the defendant, ... omitted)
Defender (legal representative or agent ad litem of the defendant) requires: _ _ _ _ _ _ _
Victims: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(If it is necessary for the victim to state the criminal facts of other murders and review them, it shall be carried out one by one according to the above rules).
③ Final supplement (necessary procedure)
Presiding judge: If the victim and both the prosecution and the defense have missed the statements and questions just now and need to add them, they can add them.
Presiding Judge: Does the victim need to make a supplementary statement?
Supplementary statement of the victim: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Presiding Judge: Does the prosecution need to ask additional questions?
Supplementary question of the prosecutor: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The agent ad litem of the victim's supplementary question: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Presiding Judge: Does the defense need to ask additional questions?
Defendant's supplementary question: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Defender (legal representative or agent ad litem of the defendant) supplementary question: _ _ _ _ _ _ _
(3) The court stopped asking questions.
1) Stop
Presiding judge (when he thinks it is necessary to stop it): the prosecution (defense) noticed that the content of the inquiry (inquiry) just raised by the prosecution (defense) was irrelevant to the case (or was induced or threatened in an improper way, except for memory induction), and the court stopped it; The objection raised by the defense (prosecution) is established (or valid), and our court supports it (if the objection is not established, it should be rejected).
② Inquiry (sending) and inquiry.
Judge (when he thinks it necessary to ask questions): defendant (or victim) XXX,
You should answer the following questions: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Defendant (or victim): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
..... Hint [6]: Court suspension is a kind of judge's exercise of jurisdiction. In the presentation stage, the judge should pay attention to the "referees" and "athletes" who improperly substitute trial for control. Judges should focus on "listening and speaking".
In principle, interrogation is not allowed to avoid returning to the old way of interrogation. However, if you think that you have missed questions or made contradictory and ambiguous statements, you can also interrogate the defendant according to law. Court interrogation is not to expose crimes, so don't substitute trial for prosecution. It also applies to the court's interrogation of victims and plaintiffs in incidental civil proceedings.
2. Proof, cross-examination and authentication in court
Presiding Judge: (After the collegial panel exchanged opinions) The court statement is over. Now we will give evidence, cross-examine and authenticate in court.
The rules for testifying, questioning and authenticating in court are:
(1) When giving evidence, both the prosecution and the defense shall explain to the presiding judge the source and characteristics of the evidence, the name of the evidence and the facts to be proved, the identity of the witness who read the testimony and the relationship with the case and the parties, and only with the permission of the presiding judge can they give evidence.
(2) When the prosecution and the defense cross-examine, the other party may ask questions about the witnesses and experts summoned by one party in court; The other party may identify and express opinions on the evidence presented and read by one party in court; The prosecution and the defense can also ask questions and debate with each other.
(3) If the evidence presented and cross-examined by both the prosecution and the defense in court can be authenticated in court, the court shall authenticate it; If it cannot be appraised in court, it should also be analyzed and appraised after the court adjourned.
(Next, Judge XXX can also preside over evidence, cross-examination and authentication).
(1) Prepare testimony
Presiding Judge: Now, first verify the identities of witnesses and appraisers provided by the prosecution and the defense, verify their relationship with the parties and cases, and inform them of their legal responsibilities.
Presiding Judge: Next, summon the witnesses and experts provided by both parties (or testify in court in this case) to appear in court.
Prosecution witness: (name, gender, date of birth, work unit, address, relationship with the parties and case).
Expert witness for the prosecution: (name, gender, date of birth, work unit, address, relationship with the parties and case).
……
Defense witness: (name, gender, date of birth, work unit, address, relationship with the parties and the case).
Defense expert witness: (name, gender, date of birth, work unit, address, relationship with the parties and case).
……
Presiding judge: Witnesses and expert witnesses appearing in court shall truthfully provide testimony or expert opinions, and those who intentionally commit perjury, conceal criminal evidence or make false expert opinions shall bear legal responsibilities. Are witnesses and experts clear?
Witness: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Witness: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
……
Appraiser: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Appraiser: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
……
Presiding judge: Ask witnesses and appraisers to sign a letter of guarantee to truthfully testify or truthfully explain the appraisal conclusion according to law. (After signing) please ask the witnesses and expert witnesses to leave the court temporarily and wait for the court to summon them.
..... Hint (7): The testimony provided by a witness in favor of the parties who have relatives or other close relationships with him is not as powerful as the testimony of other witnesses. The same below.
(2) Proof, cross-examination and authentication
Presiding Judge: Now, the identity of the defendant, the accused crime and the performance after the crime in the indictment are divided into X parts for proof, cross-examination and authentication.
(1) cross-examination of prosecution evidence and defense.
Presiding Judge: Next, the prosecution will give evidence on the fact (or this accusation) about …… (summarize the facts in section X or the main points of accusation in section X) in the indictment, and the defense will pay attention to cross-examination.
Prosecution: ..... (After the prosecution requests and explains according to the requirements of the evidence list and rules), please ask the court for permission.
Presiding judge: Allow. (However, if evidence is provided without authorization in violation of the rules, the court will not allow it, the same below).
Proof for the prosecution: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Presiding Judge: What was the defense's opinion just now when the prosecution proved the fact (or this accusation) of ... (name of evidence)?
Defense (defendant and defender) cross-examination: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(If the defense has no dispute, it can be directly transferred to ② for the defense to give evidence and the prosecution to cross-examine).
Presiding Judge (when the defense raised an objection): What does the prosecution think of the objection raised by the defense just now?
Sue: ..... (explain or issue a new certificate).
Presiding Judge: Defense, what do you think of the prosecution's explanation and new evidence?
Defense (defendant and defender) cross-examination: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
..... (The confrontation between the two sides can be conducted for multiple rounds according to the needs of the case. However, if there is no dispute, it can be directly transferred to (2) the defense provides evidence and the prosecution cross-examines.
(2) The defense provides evidence and the prosecution cross-examines.
Presiding Judge: If the defense has any defense or defense evidence to prove this fact (or this accusation), it can be proved, and the prosecution should pay attention to cross-examination.
Defense: ..... (After making a request and explaining according to the evidence requirements provided five days before the trial), please ask the court for permission.
Presiding judge: Allow.
Evidence of defense: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Presiding Judge: Prosecution, what do you think of the X evidence cited by the defense just now?
Prosecution cross-examination: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(If the defense has no evidence, or the prosecution does not dispute the defense's evidence, it can be directly transferred to the collegial panel for certification. )