Court cross-examination in criminal cases

Legal subjectivity:

According to regulations, the standards for criminal trial procedures are: (1) The opening of the court session is the beginning of the court trial, and its task is to make procedural preparations for the completion of the substantive trial. (2) Court investigation Court investigation is the core stage of court trial. At this stage, the collegial panel must, with the participation of the prosecutor, parties, defenders, and agents, present and cross-examine evidence, investigate the evidence in court, comprehensively find out the facts of the case, and provide a factual basis for the court to make a correct judgment. (3) Court debate: Court debate refers to, under the auspices of the presiding judge, the defendant and the defendant raise issues such as the probative strength of the evidence, whether the defendant is guilty, what crime he committed, the seriousness of the crime, whether he should be punished and how to be punished, etc. respective opinions and reasons, and conduct face-to-face arguments and rebuttal litigation activities in court. Court debate activities are not only activities for the prosecution to reveal and prove crimes, but also activities for the defense to refute charges and safeguard the legitimate rights and interests of the defendant. The more in-depth the debate is, the more conducive it is for the court to conduct a comprehensive analysis and judgment of the case, and it is also easier for the audience to understand the truth and context of the case. (4) The defendant's final statement The defendant's final statement refers to the defendant's final defense and final statement regarding the crime he is accused of at the end of the court trial. This is an important right given to defendants by law. Procedurally speaking, it is an independent litigation link in the court hearing. The defendant is a party to the case, and the judgment of the case is related to the defendant's vital interests. Before making a judgment, giving him another opportunity to make a statement and listen to his opinions on the case can not only enable the defendant to state his opinions independently and completely, strengthen the impression of the collegial panel on the defense, but also make up for the defense in court investigations and court debates. shortcomings. This is of great significance for the court to accurately determine the facts of the case and correctly apply the law. (5) After reviewing the defendant’s final statement, the presiding judge declares an adjournment for the collegial panel to review the case. Collegial panel deliberation is a litigation activity in which all members of the collegial panel discuss, evaluate and make decisions on the identification of case facts and application of law. The task of the appraisal is to determine the facts of the case based on the evidence presented and make a decision on the handling of the case, including the handling of attached civil litigation and stolen money and property.

Legal objectivity:

Article 192 of the "Criminal Procedure Law": The public prosecutor, the parties, their defenders, and the agents ad litem have objections to the witness testimony, and the witness testimony has no bearing on the case. Conviction and sentencing have a significant impact. If the People's Court deems it necessary for a witness to appear in court to testify, the witness shall appear in court to testify. If a people's policeman appears in court to testify about criminal acts he witnessed while performing his duties, the provisions of the preceding paragraph shall apply. If the public prosecutor, parties, defenders, or agents ad litem have objections to the appraisal opinion, and the people's court deems it necessary for the appraiser to appear in court, the appraiser shall appear in court to testify. If, upon notification by the People's Court, the appraiser refuses to appear in court to testify, the appraisal opinion shall not be used as the basis for finalizing the case.