2, the victim and his agent ad litem to speak;
3. The defendant defends himself;
4. Defender's defense;
5. Debate between the prosecution and the defense.
In the course of court debate, if the collegial panel finds new facts and considers it necessary to conduct an investigation, the presiding judge may announce the suspension of the debate and resume the court investigation, and continue the court debate after the facts are ascertained.
After the debate, the presiding judge thought that the speeches of the prosecution and the defense did not raise new questions and opinions. If it is necessary to continue the debate, both sides should stop speaking and declare the debate over.
Second, how long is the trial period of criminal proceedings? 1 and 20 days: the trial period of criminal cases subject to summary procedure is 20 days.
2. 1 month, 1.5 months: that is, 1+0.5= 1.5 months. Cases with a trial period of 1 month at the latest shall not exceed 1.5 months:
(1) criminal prosecution cases of first instance tried by ordinary procedures;
(2) The defendant is in custody;
(3) Criminal private prosecution cases of first instance and criminal public prosecution cases of second instance;
(4) The time limit for criminal private prosecution cases is one month.
3.3 months or 3.5 months, extended by 2 months: 1( 1.5)+2 = 3(3.5) months. The probation period is 65,438+0 months. Cases that can be extended for two months with the approval of the president: the trial period of criminal incidental civil cases can be extended for two months with the approval of the president of our hospital.
4.4 months or 4.5 months: that is,1(1.5)+2+1= 4 (4.5) months, which belongs to one of the circumstances specified in Article 126 of the Criminal Procedure Law;
(1) Major and complicated cases in remote areas with very inconvenient transportation;
(2) Major criminal group cases;
(3) Major and complicated escape criminal cases;
(4) Major and complicated cases involving a wide range and difficulties in obtaining evidence.
With the approval or decision of the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government, the trial period may be extended by another month;
5. Five months or 5.5 months: that is,1(1.5)+2+1+1= 5 (5.5) months. By decision of the Supreme People's Court, the trial period of criminal appeal and criminal protest cases accepted by the Supreme People's Court can be extended by another month.
6. Nine months: that is, 6+3=9 months and 6 months, extended by 3 months: the first-instance criminal private prosecution case in which the defendant is not detained shall be tried by ordinary procedures, with a term of six months; If there are special circumstances that need to be extended, it can be extended for three months with the approval of the president of our hospital.
Third, the limitation of prosecution in criminal proceedings is 1. If the statutory maximum penalty is less than five years of fixed-term imprisonment, the limitation of prosecution shall be five years;
2. If the statutory maximum penalty is more than 5 years but less than 10 year, the limitation period for prosecution is 10 year;
3. If the statutory maximum penalty is fixed-term imprisonment of 10 years or more, the limitation period for prosecution is 15 years;
4. If the statutory maximum punishment is life imprisonment or death penalty, the limitation period for prosecution shall be twenty years. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.
The above is the content about the order of criminal court debates compiled by Bian Xiao Law Express. It can be seen that the criminal court has a certain trial process, that is, court session, court investigation, court debate, defendant's final statement, evaluation and sentencing. Among them, the court debate is also carried out in an orderly manner. If you have any other questions, please send your legal opinions to Legal Express.