Yes, judges will refer to the criminal trial reference when trying criminal cases.
First, the significance of judge's reference to criminal trial reference
Criminal Trial Reference is an authoritative criminal law reference book, which contains a large number of criminal law cases, judgment documents and judicial interpretations. When trying criminal cases, judges will encounter all kinds of situations and problems, and need to refer to relevant legal provisions and cases to make judgments. Therefore, referring to criminal trial references can help judges better understand and master criminal laws and regulations and improve the quality and efficiency of trials.
Two, how to use the "criminal trial reference" for judges
Judges should pay attention to the following points when using criminal trial reference:
Confirm the authority and applicability of the reference content. Judges need to confirm that the cited cases, judgment documents, judicial interpretations and other contents are authoritative and applicable, so as to avoid quoting wrong or irrelevant contents.
Refer to the actual situation of the case. The judge needs to make a comprehensive analysis and judgment according to the actual situation of the case, including the nature, plot and evidence of the case.
Abide by legal provisions and judicial interpretations. When referring to the reference of criminal trial, judges need to follow the relevant legal provisions and judicial interpretations to ensure that the judgment made conforms to the legal provisions and judicial practice.
To sum up:
Judges will refer to the criminal trial reference when trying criminal cases, which can help them better understand and master criminal laws and regulations and improve the quality and efficiency of trials. At the same time, when using criminal trial reference, judges should pay attention to the authority and applicability of the reference content, refer to the actual situation of the case, and follow the legal provisions and judicial interpretations.
Legal basis:
Article 32 of the Judges Law of People's Republic of China (PRC) stipulates: "Judges should learn and master laws, regulations, judicial interpretations and professional knowledge, and improve the level of trial business." Therefore, it is in line with the law for judges to use legal tools such as criminal trial reference to improve the level of trial business.