Court investigation and evidence collection in criminal cases

Legal subjectivity:

The answer to the question of how to investigate a criminal case is as follows: (1) Before announcing the court session, the clerk should first check whether the public prosecutor, the parties, witnesses and other participants in the proceedings are present, read out the court rules to the participants and observers, invite the presiding judge and judges to sit down, and report to the presiding judge that the preparatory work before the court session is ready. (2) The presiding judge announces the court session and summons the parties to appear in court to find out the names, ages, nationalities, native places, places of birth, educational level, occupations and addresses of the parties. The date when the people's procuratorate received the copy of the indictment and the date when it received the incidental civil action, etc. (3) The presiding judge announces the source of the case, the cause of action and whether the trial is held in public, and announces the reasons for not holding the trial in public. (4) The presiding judge announces the list of collegiate bench members, clerks, public prosecutors, defenders, agents ad litem, expert witnesses and translators, and informs the parties, legal representatives, defenders and agents ad litem of their legal rights in court proceedings, including: the parties and legal representatives have the right to apply for the withdrawal of collegiate bench members, clerks, public prosecutors, experts and translators; The defendant has the right to defend himself and entrust others to defend him according to law; The parties and defenders may apply to the presiding judge for questioning witnesses and experts, or directly ask questions of witnesses and experts with the permission of the presiding judge. During the court hearing, the parties and defenders present evidence to prove the defendant's innocence, light crime or reduced or exempted from criminal responsibility, apply for notifying new witnesses to appear in court, obtain new material evidence and apply for re-appraisal or investigation. With the permission of the presiding judge, the parties, defenders and agents ad litem may express their opinions and debate with each other on the facts of the case and relevant evidence. After the court debate, the defendant has the right to make a final statement. (5) The presiding judge shall separately ask the parties and the legal representative whether to apply for withdrawal. If a party, legal applicant or public prosecutor who appears in court to support public prosecution withdraws, if the collegial panel considers that it meets the legal circumstances, it shall be handled in accordance with the relevant provisions of the Criminal Procedure Law; If it is considered that it does not meet the statutory circumstances, it shall be rejected in court and the trial shall continue. If the applicant applies for reconsideration in court, the collegial panel shall announce an adjournment and decide whether to continue the hearing after the reconsideration decision is made. The decision to approve or reject the application for withdrawal and the reconsideration decision shall be announced by the presiding judge, and the reasons shall be explained. When necessary, it can also be announced by the president in court.

Legal objectivity:

Article 41 of the Criminal Procedure Law of People's Republic of China (PRC): Defenders have the right to apply to the People's Procuratorate and the People's Court for retrieval if they think that the evidence materials collected by the public security organs and people's procuratorates in the process of investigation, examination and prosecution to prove the innocence of the criminal suspect or defendant or the light crime have not been submitted. Article 43 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Defence lawyers may, with the consent of witnesses or other relevant units and individuals, collect materials related to the case from them, apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court. With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.