In all criminal proceedings, the defendant has the right to a timely and open trial. The so-called quick trial is to avoid unnecessary delay. If the defendant's right to a speedy trial is violated, the only remedy is to drop the charges and stop charging the same crime. The so-called public trial means that the trial process is open to the defendant, so that he can know the charges against him and defend him in time. When there is no justifiable reason to prohibit or restrict the hearing, the public must also be allowed to attend the trial process.
(3) In judicial practice, when the defendant may be sentenced to imprisonment for more than six months, he has the right to be tried by a jury. The defendant can give up the right to be tried by jury and choose to be tried by a professional judge.
The defendant has the right to a fair trial. Anyone can only be convicted after a fair court trial, and the conviction can only be based on the evidence adopted by the court. In order to ensure the fairness of the trial, the court usually adopts various ways to control or eliminate the negative influence of improper propaganda on the jury. For example, isolating jurors from the outside world; Postpone the trial; Or restrict lawyers appearing in court from revealing the case to the public, and even judges restrict newspapers, television and other news media.
The defendant has the right to confront the opposing witness. This clause is mostly applicable to court trials and juvenile trial procedures, but not to pure investigation procedures, such as grand jury procedures, coroner's investigations and legislative investigations. This right includes the right to cross-examine the opposing witness, the right to attend the trial in person and the right to know the identity of the prosecution witness.
⑥ The prosecution has the obligation to prove the alleged crime, and cannot force the defendant to testify against himself by violent means, and oppose self-incrimination.
7. The proof of every fact that proves the defendant guilty must reach the level of excluding reasonable doubt. Otherwise, according to the principle of presumption of innocence, the defendant will be declared innocent according to law.
No one is in danger of being prosecuted twice for the same crime. This means that criminals can only be prosecuted or punished once for the same crime. When the defendant is accused of a crime, and the accusation leads to a verdict of guilt or innocence, any further prosecution or punishment for the same crime is prohibited.