1, court session. The trial procedure of criminal proceedings is the same as the above-mentioned trial procedure, except that the defendant is summoned to court, and the plaintiff and defendant in civil proceedings are attached.
The name, sex, age, nationality, occupation, work unit and domicile of the party concerned, the name and domicile of the legal person or other organization, and the name and position of the legal representative or principal responsible person.
2. Court investigation. The scope of court investigation is the criminal facts pointed out by the indictment of the people's procuratorate and all kinds of evidence to prove the defendant's guilt, innocence, light crime and heavy crime.
The prosecutor reads the indictment; Statements of the defendant and the victim; Interrogating defendants, victims and plaintiffs in incidental civil actions; Question the witness.
3. The defendant's final statement The defendant's final statement is not only an independent stage of the court trial, but also an important litigation right given to the defendant by law. As long as the defendant's final statement is within the scope of this case, he should not limit the speaking time or interrupt at will, but let the defendant finish as much as possible.
4. Identification and trial. The collegial panel shall, according to the ascertained facts, evidence and relevant laws and regulations, give full consideration to the opinions of both the prosecution and the defense, and put forward opinions.
Determine whether the defendant is guilty or not and whether criminal responsibility should be investigated; What constitutes a crime and whether it should be punished; Whether there is a lighter, heavier, mitigated or exempted punishment; How to solve the incidental civil action; How to deal with the stolen money. And make a judgment according to law.
5. the Supreme People's Court's judgments and orders, as well as those that cannot be appealed according to law or fail to appeal within the time limit for appeal, are legally effective judgments and orders.
Once a judgment becomes legally effective, it is mandatory and stable, and no organ, group or individual has the right to change or cancel it.
Extended data:
Court trial means that the people's court listens to the arguments of the prosecution and the defense on issues such as evidence, facts of the case and application of the law with the participation of the public prosecutor, the parties and other participants in the proceedings.
Litigation activities to determine whether the defendant is guilty, whether he should be sentenced and what kind of criminal punishment should be given according to law. According to the provisions of the Criminal Procedure Law, the court trial procedure can be roughly divided into five stages: court session, court investigation, court debate, defendant's final statement, appraisal and trial.
References:
Baidu encyclopedia-court trial