How to get to the criminal trial procedure?

The process of criminal trial will generally follow the following procedures: first, the presiding judge will find out the appearance in court and inform the relevant litigation rights; Then the prosecutor reads the indictment and the defendant makes a statement; Then make court statements, debates and cross-examinations; Finally, the court makes a guilty or innocent judgment. I will give you a detailed answer to the question of how to go about the criminal trial process.

First, how to go through the criminal trial procedure

1, the process of criminal trial will generally follow the following procedures: first, the presiding judge will find out the appearance in court and inform the relevant litigation rights; Then the prosecutor reads the indictment and the defendant makes a statement; Then make court statements, debates and cross-examinations; Finally, the court makes a guilty or innocent judgment.

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

Article 190,

At the hearing, the presiding judge shall find out whether the parties are present in court and announce the cause of action; Announce the names of the members, clerks, prosecutors, defenders, agents ad litem, appraisers and translators of the collegial panel; Inform the parties that they have the right to apply for the withdrawal of members of the collegial panel, clerks, public prosecutors, appraisers and translators; Inform the defendant of his right to defense.

Article 191 After the public prosecutor reads out the indictment in court, the defendant and the victim may make statements about the crimes charged in the indictment, and the public prosecutor may interrogate the defendant.

Article 198,

During the court hearing, the facts and evidence related to conviction and sentencing shall be investigated and debated. With the permission of the presiding judge, the public prosecutor, the parties, defenders and agents ad litem may express their opinions on the evidence and the case, and may argue with each other. After the presiding judge announces the end of the debate, the defendant has the right to make a final statement.

Second, whether to start a criminal retrial.

1. The retrial of a criminal case requires a court session.

2. According to the regulations, the retrial of criminal cases requires a court session. If it is a case of first instance, the trial procedure of first instance of criminal procedure law shall apply.

3. Legal provisions on whether to hold a court session in criminal retrial. If a case retried by the people's court in accordance with the procedure of trial supervision is tried by the people's court that originally tried it, a collegial panel shall be formed separately. If it turns out to be a case of first instance, it shall be tried in accordance with the procedure of first instance, and the judgment or ruling made may be appealed or protested; If it is a case of second instance, or a case brought before a people's court at a higher level, it shall be tried in accordance with the procedure of second instance, and the judgment and ruling made shall be final. When the people's court hears a retrial case, the people's procuratorate at the same level shall send personnel to appear in court.