In the trial of criminal cases, in the stage of proof and cross-examination, the public prosecutor should first give evidence, and the defendant and defender should conduct cross-examination; After that, the defendant or his defender gives evidence, and the prosecutor conducts cross-examination.
For the letter of understanding obtained by the defendant, if it is obtained by the judicial organ according to law, the public prosecutor may present evidence to the court for cross-examination by the defendant and the defender; If it is obtained by the defendant or defender, the defendant or defender shall present the evidence to the court, and the public prosecutor shall conduct cross-examination. After proof and cross-examination by both parties, the letter of understanding will be confirmed by the court according to the cross-examination opinions of both parties, and it does not need to be presented in future trials.
Criminal procedure law
Article 190 A public prosecutor or defender shall present the material evidence to the court for the parties to identify, and read out the testimony transcripts of witnesses who did not appear in court, expert opinions of appraisers, records of inquests and other evidence materials. A judge shall listen to the opinions of the public prosecutor, parties, defenders and agents ad litem.
Article 193 During the court hearing, all 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.
The Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC)
Article 202 A public prosecutor may request the presiding judge to notify witnesses and expert witnesses to testify in court or produce evidence. Victims and their legal representatives, agents ad litem, plaintiffs in incidental civil actions and their agents ad litem may also file applications.
After the prosecution has given evidence, the defendant, his legal representative and defender may request the presiding judge to notify witnesses and expert witnesses to testify in court or produce evidence.