First, the mode of criminal case trial transcript.
Trial procedure of criminal cases
Trial record (case)
Time: year, month, day, hour and minute.
Venue: Is the trial of the trial court of xx Municipal People's Court open?
Defense lawyer: xx lawyer summary procedure/ordinary procedure.
Record: xx lawyer
Clerk: Read out the rules of the court (abbreviated), invite public prosecutors and defenders to enter the court, all of them stand up, and invite judges and jurors to enter the court. It is reported that the presiding judge, public prosecutor and defender have appeared in court, the defendant has been remanded for trial, the relevant litigants are waiting outside the court, and the court is ready to request a court session.
First, declare the court session
1. View basic information;
Trial: The criminal court of the Municipal People's Court is now in session. Take the defendant to court.
Trial: (Identify the identity of the defendant: name, date of birth, nationality, native place, education level, occupation and address)
Yes:
Trial: When and why was the defendant punished by law?
Yes:
Trial: When and why was the defendant detained, detained and arrested this time?
He was arrested and detained in criminal detention on.
Trial: Did the defendant receive a copy of the indictment from the People's Procuratorate? When did you receive it?
Roger that. Roger that.
2. Announce the hearing, inform the litigation rights and ask whether to apply for withdrawal.
Trial: Today, according to the provisions of Article 150 of the Criminal Procedure Law of People's Republic of China (PRC), our hospital held an open (closed) trial in the First Trial Chamber of Kunshan People's Court to hear the case of the defendant prosecuted by Kunshan People's Procuratorate.
Trial: The judge of Kunshan People's Court served as the presiding judge, and the judges formed a collegial panel to hear the case. The clerk is the trial record of this case. Kunshan Municipal People's Procuratorate appointed prosecutors to appear in court to support public prosecution.
Trial: the parties and their legal representatives have the right to apply for withdrawal. Did the defendant apply for the withdrawal of the above-mentioned personnel?
Yes: Not applicable.
Trial: the defendant has the right to defense, and the defendant has the right to defend himself in addition to entrusting a defender; Defenders and agents ad litem of the parties have the right to apply for new evidence, notify new witnesses to appear in court, obtain new evidence and apply for re-appraisal; After the court debate, the defendant has the right to make a final statement if he has opinions and demands on the case. Did the defendant hear the above rights clearly?
Bei: I can hear you clearly.
Second, the court investigation
1. Read the indictment;
Trial: A court investigation will now be conducted. The indictment was read by the prosecutor.
G: read the indictment. See the indictment for details (omitted)
Trial: Did you hear the indictment read by the public prosecutor clearly? Is it consistent with the indictment you received? Do you have any comment on the facts alleged in the indictment?
Bei: No.
Trial: defendant, do you want to make a brief statement to the court about the facts alleged in the indictment? Do you plead guilty?
Yes:.
(If summary procedure is applied, the judge shall ask the defendant whether he agrees to apply summary procedure. )
2. Question stage;
Trial: Did the public prosecutor question the defendant?
G: yes.
Yes:.
Trial: Did the defender ask the defendant any questions?
Debate:
Yes:.
Trial: (The judge may ask questions when he thinks it necessary)
Yes:.
3. Proof and cross-examination.
Trial: Please ask the public prosecutor to give evidence.
Male: 1, (physical evidence, documentary evidence, witness testimony, defendant's statement, defendant's confession and defense, record of inquest, expert conclusion).
Trial: What does the defendant think of the above evidence?
Bei: No.
Argument: No.
Trial: The public prosecutor continues to give evidence.
G: yes.
Trial: What does the defendant think of the above evidence?
Bei: No.
Argument: No.
Trial: The public prosecutor continues to give evidence.
G: We need witnesses to testify in court. (Yes/No)
Trial: summon witnesses to appear in court. Verify the identity of the witness, inform him of the legal responsibility of truthfully testifying and perjury, and instruct him to sign a letter of guarantee.
Question the witness.
Trial: Does the defendant have any questions about the witness?
Bei: No.
Argument: No.
Trial: Does the defendant have any evidence to submit to the court?
Bei: Yes/No.
Defense: (Defender gives evidence).
Trial: Do defendants and defenders need to apply for notifying new witnesses to appear in court, obtaining new evidence, and applying for re-appraisal or inquest or inspection?
Bei: No.
Argument: No.
Third, the court debate
Trial: After the court investigation, the court will debate. First, the public prosecutor will issue a public prosecution opinion.
G: yes.
Trial: The defendant will defend himself.
Yes:.
Trial: At present, the lawyer entrusted by the defendant gives defense opinions.
Debate:
Trial: Are there any new arguments between the prosecution and the defense?
G: no.
Bei: No.
Argument: No.
Fourth, the final statement.
Trial: After the court debate, the defendant makes a final statement.
Yes:
Trial: Adjournment, postponement of sentencing/sentencing in court.
Verb (abbreviation of verb) judgment
Trial: See criminal judgment for details.
Second, can criminal cases be released on bail pending trial?
It is possible to obtain bail for criminal cases, but it must meet certain conditions, that is, the criminal suspect and defendant can be sentenced to public surveillance, criminal detention or independently apply additional punishment; Suffering from serious illness and unable to take care of themselves; Or pregnant or breast-feeding women.
3. Can I get married in criminal cases?
You can get a marriage certificate if you have a closed criminal record. If the case is not closed and you are a fugitive, it will definitely not work.
The conditions for marriage registration are as follows:
(1) Both men and women must marry voluntarily;
(2) The man must be at least 22 years old and the woman must be at least 20 years old;
(three) there is no legal prohibition of marriage, including lineal blood relatives and collateral blood relatives within three generations, suffering from diseases that are medically considered unsuitable for marriage;
(4) Both parties have no spouse.
The above is a detailed introduction to the relevant knowledge of the model essay on the trial transcript of criminal cases. I believe that by reading the above contents, you will have a further understanding of the transcripts of criminal cases.