According to the provisions of Article 40 of the Criminal Procedure Law of People's Republic of China (PRC), defense lawyers can consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
Extended data
Civil trial procedure
(1) Prosecution and acceptance
1, sue
Article 119 of the Civil Procedure Law? It is stipulated that prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) Belonging to the scope of civil litigation accepted by the people's court and the jurisdiction of the sued people's court.
Step 2 accept
Article 123 of the Civil Procedure Law stipulates that if a court receives a complaint and finds it meets the conditions for prosecution after examination, it shall file a case and notify the parties concerned within 7 days. Those who believe that they do not meet the conditions for prosecution shall be ruled inadmissible within 7 days. If the plaintiff refuses to accept the ruling, he can appeal.
The main preparations before the trial are as follows:
(1) serve a copy of the indictment and submit a reply.
(2) Inform the parties of their litigation rights and obligations and form a collegial panel.
(2) Holding a court hearing
1, court investigation
Court investigation is a procedure of presenting all the evidence related to the case in court, conducting a comprehensive investigation on the facts of the case, and allowing the parties to cross-examine.
The court investigation is conducted according to the following procedures: (1) the parties state; (2) the witnesses are informed of their rights and obligations; the witnesses testify and read the testimony of the witnesses in court; (3) documentary evidence, physical evidence and audio-visual materials are presented; (4) the appraisal conclusion is read; (5) the scene of the inquest is read.
2. Court debate
Court debate is a procedure in which the parties and their agents ad litem exercise their right to debate in court in view of controversial facts and legal issues. The purpose of court debate is to examine and verify controversial issues through the debate between the parties and their agents ad litem, so as to find out the true situation of the case and apply the law correctly.
3. Court records
The clerk shall record all the activities of the court trial, which shall be signed by the judges and the clerk.
The court record shall be read out in court, or the parties and other participants in the proceedings may be notified to read it in court or within 5 days. If the parties and other participants in the proceedings think that their statements are omitted or wrong, they have the right to apply for correction. If no correction is made, the application shall be recorded. The court record shall be signed or sealed by the parties and other participants in the proceedings.
4. Sentences
At the end of the court debate, a judgment shall be made according to law. According to Article 142 of the Civil Procedure Law? Mediation can be conducted before the judgment, and mediation can also be conducted. The conciliation statement has legal effect after being signed by both parties. If mediation fails, mediation fails to reach an agreement before the mediation book is served, or one party reneges, the court shall make a judgment in time.
If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default. If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court halfway without the permission of the court, he may make a judgment by default.
The court shall publicly announce the judgment, and at the same time, it must inform the parties of their right to appeal, the time limit for appeal and the court of appeal. The Supreme People's Court's judgment and ruling, as well as those that fail to appeal within the appeal time limit, have legal effect.
reference data
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Procedure Law
Baidu encyclopedia-civil litigation trial procedure