The court trial process of criminal cases is as follows:
(1) Pre-trial preparation. Consult the files transferred by the public prosecution organ for examination and prosecution, and hold a pre-trial meeting to exclude illegal evidence when necessary.
(2) Opening a court session. Before the court session, the clerk shall find out whether the participants in the proceedings appear in court and read out the rules of the court. After the judge is seated, the presiding judge announces the court session, summons the defendant to appear in court, understands the basic situation of the defendant, informs the relevant litigation rights, and asks whether to apply for withdrawal.
(3) In court investigation, the facts of the case are ascertained by questioning the defendant or witness, giving evidence and cross-examining.
(4) Court Debate The prosecution and the defense debated each other on whether the defendant's behavior constituted a crime, the nature of the crime, the severity of the guilt, whether the evidence was really sufficient, and how to apply the penalty.
(5) Defendant's Final Statement After the presiding judge announces the end of the debate, the defendant has the right to make a final statement. After hearing the case, the people's court made the following judgments according to the facts, evidence and relevant laws and regulations that have been ascertained:
1. If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
2. If the defendant is found innocent according to law, a verdict of innocence shall be made;
Second, how to prosecute general criminal cases.
When examining a case, the people's procuratorate shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim.
The criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The defendant in a case of private prosecution has the right to entrust a defender at any time.
The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust a defender.
Defense lawyers may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody.
The people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and the major and complicated cases may be extended by half a month.
If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute and file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction.