First, the trial transcript can't be signed?
It is ok for the court record not to be signed, but it does not affect the legal effect of the court record.
The court record is a written material to record the court proceedings. According to the third paragraph of Article 147 of the Civil Procedure Law, the court hearing record shall be signed or sealed by the parties and other participants in the proceedings. Refuse to sign and seal, the clerk will record the refusal of the parties and attach a volume. The attached volume comes into effect, and the court record will not be invalid because the parties refuse to sign it.
Moreover, at present, simultaneous audio and video recording during the trial can prove the trial transcript.
Second, the difference between listening and not listening
A way in which the parties or their agents go to the court and make a judgment after the court proceedings, without hearing, and make a judgment directly based on the materials submitted by both parties, which is generally only applicable to the procedure of second instance.
The meaning of hearing:
1, the hearing can ensure the people's court to exercise its judicial power correctly.
2, is conducive to the effective supervision of judicial activities. Opening a court session puts the trial process of a case under the supervision of the masses, which increases the transparency of trial activities and is conducive to ensuring the fairness of handling cases.
3. It is conducive to protecting the litigation rights and substantive rights of the parties.
4, is conducive to give full play to the educational role of the trial, expand the legal publicity effect.
Three, what is the supplementary investigation in the court trial stage?
(1) According to the provisions of Article 165 of the Criminal Procedure Law, in the course of court trial, if the prosecutor finds that the public prosecution case needs supplementary investigation and proposes to postpone the trial, the collegial panel shall agree. The people's procuratorate shall conduct its own investigation and, if necessary, may request the public security organ to provide assistance. According to Article 157 of the Supreme People's Court Interpretation, if the public prosecutor finds that the case needs supplementary investigation during the trial and proposes to postpone the trial, the collegial panel shall agree. However, the proposal should be limited to two times.
(2) According to Article 159 of the Supreme People's Court's Interpretation, during the trial, the collegial panel found that the defendant may have voluntary surrender, meritorious service and other statutory sentencing circumstances, but the evidence materials for prosecution and transfer did not have such evidence materials, so it should suggest the people's procuratorate to conduct supplementary investigation. According to Article 252 of the Rules of the People's Procuratorate, the People's Procuratorate shall examine the relevant reasons and make a decision on whether to return the supplementary investigation. If the people's procuratorate disagrees, it may request the people's court to make a judgment on the facts of the suspected crime according to law.
The above is about whether the court record can be signed. If you want to sign the court record, you need to meet the conditions before you can sign it.