What are the unexpected events in the criminal trial of the people's court?

Trial is a serious legal act of the people's court to exercise the judicial power entrusted by the state, and it is also an important link in criminal proceedings. Therefore, whether it is a public prosecution case or a private prosecution case, the parties and other participants in the proceedings, as well as observers, should safeguard the dignity of the court and must not violate the court order to ensure the smooth progress of the trial activities. However, in criminal judicial practice, parties, litigants and observers often violate court discipline, which has a certain impact on China's criminal trial, interferes with normal trial activities and damages the dignity and authority of the law. The correct handling of this behavior reflects the level and ability of a criminal judge to control, organize and direct court trial activities. Through years of criminal trial activities, I have summarized some common phenomena and how to deal with them. I. Basic definition of emergencies An emergency refers to a specific behavior that occurs in the course of a criminal trial and is unexpected by the collegial panel (or the sole judge), which makes it difficult to make a correct judgment in an instant and affects the normal trial activities. It has the following characteristics: 1, and the court appearance time should be in the normal course of court trial activities; 2. These behaviors, whether written or oral, or even some specific actions, are sudden and unexpected in court; 3. The content is complex, which is often closely related to the case being tried, or the complaint is unreasonable, or it affects the trial; 4, time is tight, it is difficult to solve these problems correctly; This may affect the continuation of trial activities. In my opinion, as long as you have the above characteristics, you can define it as an emergency. Of course, these acts may or may not be legal. As long as a judge has certain professional knowledge, trial experience and comprehensive ability, he can make a correct ruling according to law. Second, the principle of emergency handling 1, the principle of legality and justice. The collegial panel or the sole judge shall handle emergencies according to law. The laws here are the Criminal Procedure Law, the Supreme People's Court's interpretation of several issues concerning the implementation of the Criminal Procedure Law, and the rules of the court. At the same time, it should be carried out in an orderly manner in order to take effective measures to convince the parties. 2. Rationality principle. That is, the concrete analysis of specific problems not only conforms to the legal provisions, but also takes care of the reasonable demands at that time. 3. The principle of prudence and safety. According to the contents and circumstances of emergencies and their influence on court trial activities, we should choose appropriate disposal measures and grasp the degree. 4, decisive and timely principle. The court should make a ruling in time to avoid similar situations from happening again. Three. The disposal of common emergencies, whether it is a public prosecution case or a private prosecution case, the collegiate bench or a single judge should make a detailed trial outline before the trial, fully estimate the possible events in the trial, and formulate corresponding disposal measures to minimize the factors that affect the smooth progress of the trial. 1, the parties apply for the withdrawal of court members (sole judges), clerks and prosecutors. According to the provisions of Articles 24, 28 and 29 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Interpretation of the Criminal Procedure Law), the parties concerned may make oral or written submissions, but they shall provide supporting materials. The decision is made by the president (when the president is the presiding judge, the judicial committee will decide whether to withdraw), the procurator-general, and the parties or their legal representatives have the right to apply for reconsideration in court once. The withdrawal of translators and appraisers shall be decided by the president of the people's court. 2. The parties request to entrust another defender. The right of defense is an important litigation right of the defendant. Should be guaranteed according to law. According to Article 35 of the Interpretation of Criminal Procedure Law, a defendant may not entrust more than two defenders. * * * In the same criminal case, a defender may not defend more than two co-defendants. According to Article 165 of this Interpretation, if the defendant refuses the defender to defend him in court and requests to entrust another defender, he shall agree and announce the postponement of the hearing. If the defendant requests the people's court to appoint another defense lawyer and the collegial panel agrees, it shall announce an adjournment. After the new hearing, if the defendant refuses to be defended in court by a newly appointed defender or a newly appointed defense lawyer, the court shall handle it according to the circumstances: ① If the defendant is an adult, permission may be granted. However, the defendant may not entrust another defender, and the court will no longer appoint another defender for him. The defendant will defend himself. (2) The defendant is blind and deaf, a minor under the age of 18 at the time of trial, a person with limited capacity, and a person who may be sentenced to death. As long as there is one situation, it is not allowed. It should be noted that from the date when the court announced the postponement of the trial to the tenth day, the time for preparing the defense is not included in the trial time limit. 3. The parties and defenders apply for notifying new witnesses to appear in court, obtaining new evidence and applying for re-appraisal or inspection. This situation is common in both public prosecution cases and private prosecution cases. The treatment measures are as follows: according to Article 165 of the Interpretation of Criminal Procedure Law, ① the applicant is required to provide accurate name, contact information, place where the evidence is stored, and explain the facts of the case to be proved; (2) To apply for re-appraisal, the reasons shall be explained; (3) explain the reasons for applying for an inspection; According to the specific circumstances, if the court thinks that it may affect the determination of the facts of the case, it shall agree to the application and announce the postponement of the trial. How to judge the specific situation here depends on whether it affects the determination of the facts of the case and whether the charges are established; If the court disagrees, it shall explain the reasons in court and continue the trial. It should be noted that the time for postponing the trial shall not exceed one month, and the time for postponing the trial shall not be included in the trial limit. 4. The public prosecutor asked for evidence other than the evidence list, and the defense objected. In the trial of private prosecution cases, this possibility also exists, and the solutions are as follows: according to article 155 of the Criminal Procedure Law, ① if it is really necessary, the court may allow the production of evidence; (2) If the other party raises an objection and requires necessary preparations, the court may announce an adjournment; The court shall determine the time for the defense to make the necessary preparations. After the expiration of the period, a court session shall be held in time. 5. Handling of the defendant's confession. As a kind of evidence in criminal proceedings, the defendant's confession is a written or oral statement made by the defendant to the interrogators when he is interrogated by public security and judicial personnel. During the trial, the defendant may or may not accept his confession. If the confession is retracted, the court should prompt the public prosecutor to ask the defendant the reason for retracting the confession, instead of asking the court for interrogation. The reason for the defendant's confession is not a trivial matter that hinders the overall situation, and the court shall inform the defendant that he has paid full attention to it and recorded it; If it is a major issue, such as extorting confessions by torture, inducing confessions, etc. And it is not clear that it may affect the facts and nature, which shall be proved by the public prosecutor. If it can't be solved, we will adjourn the court decisively and ask the relevant parties to find out. 6. The public prosecutor found that the case needed supplementary investigation and suggested postponing the trial. This situation is mainly due to the unclear facts of this case, which affects the identification of the nature; New crimes may occur; Or there are criminal cases that need to be prosecuted. The court shall permit it according to law and announce the postponement of the trial. Note: The number of postponements shall not exceed two times, each time shall not exceed one month, and the time shall not be included in the trial limit. 7. During the court hearing, the collegial panel has doubts about the evidence. Private prosecution is difficult, which is the feeling of grassroots judges. There are three reasons. First, it is difficult to investigate and collect evidence. Most cases occur between neighborhoods, which are often caused by civil disputes or marriage and family disputes. Witnesses are afraid of offending people and are unwilling to testify, which makes it difficult for judges to obtain evidence. Second, contradictions are difficult to solve, and cases can be brought to court. Relatives and friends of the parties and grass-roots organizations may have done a lot of persuasion before the prosecution, but the results are minimal and the two sides are very opposed; Third, the number of private prosecution cases is small after all. For the source of judges who have been engaged in civil trials for a long time, they are not familiar with the criminal procedure and have an incomplete understanding of the provisions of the criminal law. As a result, in the court trial, the evidence presented by both the prosecution and the defense can not prove the facts of the case, which is even more prominent. Often, the evidence presented by the private prosecutor and the evidence presented by the defendant are contradictory, or even completely opposite, and it is difficult to identify the facts of the case. Some practices are to adjourn the court so that both the prosecution and the defense can continue to collect and fix evidence. When the court reconvened, the same situation occurred as the last trial, and the court could not conduct a fair trial. Although there is no special chapter on private prosecution procedure in the Criminal Procedure Law, as a criminal case, we should follow the provisions of the Criminal Procedure Law and handle similar situations with reference to public prosecution cases. At present, there are no rules of evidence in criminal proceedings. In this case, according to Article 153 of the Interpretation of the Criminal Procedure Law, the collegial panel should verify the evidence to avoid similar situations. 8. The parties object to each other's speech. In this case, there are some situations that may intensify contradictions, such as improper way of speaking, speaking rashly without the permission of the court, or the content of the speech is ironic, insulting and provocative. The court should stop it in time. If they don't listen to dissuasion, they should be given a warning and punished according to the rules of the court. 9. The defendant presented new facts and evidence in his final statement, which may affect the referee. According to Article 168 of the Interpretation of Criminal Procedure Law, the court investigation should be resumed; If it is a new defense, resume the court debate. Otherwise, the program may be illegal. 10. The parties or observers personally attack the court, members of the collegial panel (sole judge) or court staff or make insulting remarks. Members of the collegial panel should first check whether they are conducting the trial in strict accordance with the provisions of the procedural law, whether the words and deeds of the collegial panel conform to the norms of French and French, and whether they treat the parties equally. There should be no favoritism. Educate the parties in the legal system, guide them to carry out litigation activities according to law, and avoid confrontation with the court. Of course, those who violate the rules of the court should be dealt with decisively by the court, and they should be warned, admonished and forcibly taken out of the court until they are fined (up to 1000 yuan) and detained (up to 15 days). If the case constitutes a crime, criminal responsibility shall be investigated. In a word, as a criminal judge, you should have the ability to control, organize and command, which is not only an expectation, but also an improvisation to establish a good image of a criminal judge.