Procedure of second instance of criminal cases ① trial. The beginning of the trial is to prepare for the trial of the case from the entity. At the hearing, the presiding judge finds out whether the parties appear in court and announces the cause of action; Announce the names of members of the collegial panel, clerks, prosecutors, defenders, appraisers and translators; Inform the parties of the right to apply for the withdrawal of the above-mentioned personnel; Inform the defendant of his right to defense. ② Court investigation. The central link of the trial. At this stage, the court should investigate and verify the facts and evidence of the case with the participation of the public prosecutor, the parties and other participants in the proceedings, find out the case in fact and lay the foundation for a correct judgment. After the prosecutor read the indictment, the judge questioned the defendant. With the permission of the presiding judge, the public prosecutor may interrogate the defendant, and the victims, plaintiffs and defenders in incidental civil proceedings may ask questions to the defendant. When interrogating witnesses, judges and public prosecutors should inform them of the legal responsibilities they should bear for truthfully providing testimony and deliberately perjury or concealing criminal evidence. The parties and defenders may apply to the presiding judge to ask questions of witnesses and experts, or they may ask the presiding judge for permission to ask questions directly. When the presiding judge thinks that the content of the question is irrelevant to the case, he shall stop it. The judge shall show the defendant material evidence for him to identify; The transcripts of witness testimony, expert conclusions of appraisers, transcripts of inquests, transcripts of inquests and other documents as evidence should be read out in court, and the opinions of the parties and defenders should be listened to. 3 court debate. After investigation, the court considers that the case has been ascertained, and if the parties have not put forward the facts and evidence that need supplementary investigation, the presiding judge will announce the end of the court investigation and start the court debate. Debate shall be conducted by the public prosecutor and the victim first, then the defendant shall state and defend himself, and the defender shall defend himself and may argue with each other. (4) the defendant's final statement. After the presiding judge announces the end of the debate, the defendant has the right to make a final statement. (5) Evaluation, judgment and sentencing. After the defendant made his final statement, the presiding judge announced an adjournment and the collegial panel deliberated. According to the facts, evidence and relevant laws and regulations, the collegial panel makes a judgment on the defendant's guilt or innocence, what crime he committed, what punishment he applied or what punishment he was exempted from. When the collegial panel deliberates, if there are differences of opinion, the minority shall obey the majority, and the opinions of the minority shall be recorded in the record. The appraisal record shall be signed by the members of the collegial panel. In trying cases of appeal and protest, the people's court of second instance shall follow the following procedures in addition to the provisions of the procedure of first instance: 1. In the court investigation stage, after the presiding judge or judge reads the judgment or ruling of the first instance, the appellant States the reasons for the appeal or the procuratorate reads the protest; If there is both an appeal and a protest, the prosecutor will read the protest first, and then the appellant will state the reasons for the appeal; The focus of court investigation should be the reasons for appeal or protest, comprehensively ascertain the facts and verify the evidence. 2. In the stage of court investigation, if the public prosecutor or defender applies for presenting, reading and playing the evidence that has been handed over to the people's court at the trial of first instance, he shall instruct the court bailiff to present and play the relevant evidence; The evidence that needs to be read is given to the applicant by the bailiff for reading. 3. In the court debate stage, the appellant and the defender speak first, and then the prosecutor speaks; In protest cases, the procurator shall speak first, and then the appellant and defender shall speak; In cases where there are both appeals and protests, the procurator shall speak first, and then the appellant and the defender shall speak and debate. Difficulties in the trial procedure of second instance: 1. * * * If the defendant of first instance has no appeal or protest against his judgment, he shall participate in the court investigation and may participate in the court debate. 2.*** The people's court of second instance shall still examine the whole case if the defendant who appealed died and the other defendants did not appeal. If the deceased defendant does not constitute a crime, he shall be declared innocent; If it is considered to constitute a crime after examination, the trial shall be terminated. A judgment or ruling shall still be made on other co-defendants. 3.202 1 the Supreme People's Court the Supreme People's Procuratorate's Provisions on Several Issues Concerning the Trial of Death Penalty Cases of Second Instance stipulates: (1) When handling death penalty appeals and protests, the people's procuratorates shall comprehensively review the case files and do the following work before the trial: (1) Interrogate the defendant and listen to the reasons or excuses of the defendant's appeal; (2) Listen to the opinions of defenders when necessary; (three) check the main evidence and ask witnesses when necessary; (4) If there is any doubt about the appraisal conclusion, it may be re-appraised or supplemented; (5) According to the circumstances of the case, the opinions of the victims can be heard. (2) The people's court of second instance holds court sessions to hear death penalty appeals and protests. For difficult, complicated and major death penalty cases, the president or the chief judge shall be the presiding judge. (3) The collegial panel shall find out the relevant information before the court session and make the following preparations: (1) After the judgment of the first instance is pronounced, it is necessary to verify whether the defendant has reported or exposed; (2) Whether there are circumstances that may lead to the postponement of the trial; (3) When necessary, the defendant shall be interrogated; (4) Draw up the outline of the trial and determine the contents that need to be heard in court; (5) Notify the people's procuratorate of the time and place of the court session three days before the court session; (six) five days before the court session, notify the people's procuratorate, the defendant and his defenders to provide a list of witnesses and expert witnesses to testify in court; (7) Summons and notices for summoning parties and informing defenders, witnesses, expert witnesses and translators shall be served three days before the court session; (8) If the people's procuratorate submits new evidence to the people's court of second instance, the people's court of second instance shall notify the defendant's defense lawyer or other entrusted defender to consult the people's court before the court session; If the defendant and his defenders submit new evidence to the people's court of second instance, the people's court of second instance shall notify the people's procuratorate to consult it before the court session; (9) If the people's procuratorate conducts re-appraisal or supplementary appraisal during the examination period, it shall submit the appraisal to the people's court in time, and the people's court shall inform the parties and their agents ad litem and defenders of the appraisal conclusion three days before the court session; If the victim and his agent ad litem or the defendant and his defender request re-appraisal or supplementary appraisal, and the people's court of second instance agrees, it shall submit the appraisal opinions to the people's court in time, and the people's court shall notify the other party and his agent ad litem, defender and people's procuratorate of the appraisal conclusion three days before the court session; (10) For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the hearing shall be announced in advance three days before the hearing; (1 1) Other preparations. The above activities shall be recorded in the record and signed by the judges and the clerk. (4) When the people's court of second instance tries a death penalty appeal or protest case, it shall notify the witness, expert witness and victim to testify in court: (1) The people's procuratorate, the defendant and their defenders have objections to the expert conclusion, the expert procedure is in violation of regulations or the expert conclusion is obviously in doubt; (2) The people's procuratorate, the defendant and his defenders have objections to the witness testimony or the victim's statement, which has a significant impact on conviction and sentencing; (3) The collegial panel considers it necessary to testify in court. (5) The people's court of second instance shall comprehensively hear death penalty appeals and protests. However, during the court session, it can focus on the issues disputed by the people's procuratorate, the defendant and his defenders and the issues that the people's court deems necessary to focus on. (1) After the presiding judge announces the opening of the court session, he may read out the original judgment or only the main contents of the judgment such as the cause of action, main facts, evidence and the text of the judgment. (2) The focus of court investigation is the facts, evidence and new evidence submitted to question the judgment of the original trial. Facts, evidence and circumstances that the people's procuratorate, the defendant and their defenders have no objection to may not be investigated during the trial. If the people's procuratorate, the defendant and his defenders have no objection to the evidence adopted in the original judgment, they may not provide evidence or cross-examine. (3) For the defendant who has not been sentenced to death for the same crime and has not filed an appeal, the people's procuratorate and its defenders may not be summoned to appear before the court session. Other defendants who have not been sentenced to death may not be tried at trial if the facts of the crime are clear. (4) If the facts are clear and the people's procuratorate, the defendant and their defenders have no objection, the defendant may not be tried in court. (6) In the procedure of second instance, if the public prosecutor or defender finds that the evidence has changed significantly, which may affect the conviction and sentencing of the case, he may suggest postponing the trial. (7) The people's court of second instance shall specify the opinions of the people's procuratorate, the defendant's defense opinions and the defender's opinions, and whether they are adopted or not, and explain the reasons. (8) The people's court of second instance may entrust the people's court of first instance to pronounce a judgment on its behalf and serve the judgment or ruling of second instance on the parties.
Legal objectivity:
Article 216 of the Criminal Procedure Law of People's Republic of China (PRC), if the defendant, private prosecutor and their legal representatives refuse to accept the judgment or ruling of first instance of the local people's courts at all levels, they have the right to appeal to the people's court at the next higher level in written or oral form. Defenders and close relatives of the defendant may appeal with the consent of the defendant. The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels.