(I) Characteristics of summary court trial According to the provisions of Articles 174, 175, 176 and 177 of the Criminal Procedure Law, summary court trial has the following characteristics: (1) One person tries alone.
(2) The prosecutor of a public prosecution case may or may not appear in court.
(3) The court investigates and simplifies the court debate procedure. Article 177 of the Criminal Procedure Law stipulates that the application of summary procedure to the trial of cases is not restricted by the provisions of the first section of this chapter on interrogation of defendants, questioning witnesses, expert witnesses, presenting evidence and court debate procedures.
(4) Summary procedure can be changed into ordinary procedure of first instance. Article 179 of the Criminal Procedure Law stipulates that if the people's court finds it inappropriate to apply summary procedure during the trial, it shall retry the case in accordance with the provisions of the first or second section of this chapter.
(2) The trial procedure applying summary procedure is applicable to court trial. According to the provisions of the Criminal Procedure Law, the five stages of trial, court investigation, court debate, defendant's final statement, appraisal and sentencing are no longer strictly followed; On the contrary, it follows the principle of simplicity and flexibility.
According to the provisions of Articles 175, 176 and 177 of the Criminal Procedure Law, in a public prosecution case where the public prosecutor appears in court, the defendant makes a statement and defends the crime charged in the indictment. In a case of private prosecution, the original defendant and the defendant can argue with each other with the permission of the presiding judge after the private prosecutor reads the indictment. Because the facts of the case are clear and the evidence is sufficient, the court investigation can be omitted. After a summary trial, make a judgment.
(III) Time limit for handling cases by summary procedure Article 178 of the Criminal Procedure Law clearly stipulates the time limit for handling cases by summary procedure, which shall be concluded within 20 days after acceptance. This is shorter than the ordinary procedure and more in line with the characteristics of the trial. At the same time, it is of great significance to resolve conflicts among citizens in time, improve the efficiency of handling cases and save manpower, material resources and financial resources.