How to deal with the omission of defendants in criminal cases

How to deal with the defendant's inaction in criminal cases? The popularization of relevant legal knowledge. In the process of civil litigation, necessary party inaction happens from time to time. In different stages of the first trial and the second trial, there will be different solutions to the situation of missing the parties. Of course, there are also differences between the parties themselves and the court. The plaintiff may file an application to withdraw the lawsuit after the party omits the lawsuit. If the party omits the lawsuit after the withdrawal, it may file a new lawsuit. The author has compiled relevant contents for your reference and study, hoping to help you. 1. How should the court deal with the defendant who has to participate in the proceedings in the first instance? After filing the case, if the other party finds that the complaint has been missed, the other party applies to the court for adding a third person who is both defendant. Article 17 of the Civil Procedure Law The people's court of second instance shall, after hearing the appeal case, deal with it according to the following circumstances: (1) If the original judgment or ruling finds the facts clear and the applicable law is correct, the appeal shall be rejected by judgment or ruling, and the original judgment or ruling shall be upheld; (two) the original judgment or ruling found that the facts were unclear or the applicable law was wrong, and the judgment or ruling was changed, revoked or changed according to law; (three) the original judgment or ruling found that the facts were unclear or the applicable law was wrong. (3) If the basic facts are unclear in the original judgment, the original judgment shall be revoked and sent back to the people's court that originally tried for retrial, or the judgment shall be revised after the facts are ascertained; (4) If the parties concerned are omitted from the original judgment, or the legal procedures are seriously violated, such as illegal default judgment, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial. After the people's court of first instance has made a judgment on the case remanded for retrial, if the parties appeal, the people's court of second instance shall not remand it for retrial.

in the second instance, if it is found that the parties have forgotten the necessary litigation materials, they may apply to our court for retrial. Article 179 of the Civil Procedure Law If a party's application meets any of the following circumstances, the people's court shall retry it: (1) There is new evidence enough to overturn the original judgment or ruling; (two) the basic facts identified in the original judgment or ruling lack evidence to prove; (3) The main evidence of the facts identified in the original judgment or ruling is forged; (4) The main evidence of the facts identified in the original judgment or ruling has not been cross-examined; (five) the evidence needed for the trial of the case, the parties can not collect it by themselves due to objective reasons, and apply in writing to the people's court for investigation and collection, but the people's court has not investigated and collected it; (6) The application of law in the original judgment or ruling is indeed wrong; (seven) in violation of laws and regulations, the jurisdiction is wrong. (eight) the members of the judicial organization are illegal or the judges who should be avoided according to law have not avoided; (9) A person without legal capacity does not have a legal representative to participate in the litigation, or a party who should participate in the litigation does not participate in the litigation because of reasons that cannot be attributed to him or his agent ad litem; (ten) in violation of the law, depriving the parties of the right to debate; (eleven) without a summons, the judgment is made by default; (12) The original judgment or ruling omits or exceeds the claim; (13) Legal documents on the basis of which the original judgment or ruling is revoked or changed; and (3) materials to be submitted when applying for retrial. 1. Application for retrial. The applicant for retrial shall submit a copy of the application for retrial according to the number of respondents; 2. The identity certificate of the retrial applicant. If the applicant for retrial is a natural person, a copy of the identity certificate shall be provided; If the applicant for retrial is a legal person or other organization, it shall submit a copy of its business license and the identity certificate of its legal representative or principal responsible person; 3, entrust others to apply for, it shall provide the identity certificate of the principal or agent; 4. Application for retrial. Effective legal documents. It can be a copy. After the first trial, second trial or retrial, the documents of first trial, second trial and retrial shall be provided at the same time; 5. A copy of the main evidence submitted in the course of the original trial; 6. Evidence supporting the litigation object of retrial application and retrial request. The above is the finishing content. In the first and second instance, the court made different ways to deal with the omission of the parties in the lawsuit. The litigation rights and interests of the parties in the case of omission in civil litigation are always not protected as they should be. In the filing stage, the filing court will instruct the plaintiff and the litigation agent to list the omitted parties as litigants before allowing the filing. The necessary parties should be examined at different stages. If you still have questions or further requirements, please contact: