(1) Clerk: Know whether the public prosecutor, parties, witnesses and other participants in the proceedings are present in court.
(two) the clerk announced the court discipline:
(1) Participants in the proceedings shall abide by the court order and shall not make noise, make noise, make speeches, make statements or argue. They must obtain the permission of the presiding judge and violate the court order, and the presiding judge must give a warning to stop them.
(2) Minors under the age of 18, mental patients and drunken people, people deprived of political rights, people executed outside prison, people under residential surveillance and people released on bail pending trial. Personnel carrying dangerous goods such as weapons and murder weapons, as well as other personnel who may interfere with the court order, are not allowed to attend.
(3) Observers are not allowed to enter the trial area, clap, make noise, make noise, record, video or take photos, or make speeches or ask questions.
(4) The presiding judge, the personnel on duty and the judicial police should advise and stop those who violate discipline. Those who don't listen can confiscate the films and tapes or make them leave the court until they are investigated for criminal responsibility.
(5) The people who attend the audit have opinions on the trial activities of the court, and they can put forward them to the court in writing after the court is adjourned.
(3) Clerk: Please ask the public prosecutor and the defender to be seated.
(4) Clerk: Please ask the presiding judge and judges to take their seats in court.
(5) Clerk: Report that the presiding judge, the public prosecutor and the participants in the proceedings have appeared in court, the defendant has been arraigned, the witness has rested in the lounge, and the trial preparation is ready, so the trial can be held.
(6) The presiding judge announced that the trial is now in session and the defendant will be summoned to appear in court.
(seven) the presiding judge to find out the identity of the parties:
(1) Find out the defendant's name, date of birth, nationality, birthplace, education level, occupation and address.
(2) Whether you have been punished by law and the type and time of punishment;
(3) Whether compulsory measures have been taken, and how and when;
(4) The date when the people's procuratorate received the copy of the indictment. (explanation 125)
(VIII) Presiding Judge: The Criminal Trial Chamber of Yihuang County People's Court is now in session. According to the provisions of Article 152 of the Criminal Procedure Law of People's Republic of China (PRC), a case prosecuted by the Yihuang County People's Procuratorate was heard in public today (the reason why the trial should be declared closed). The judge of the Yihuang County People's Court served as the presiding judge, and together with the judges, a collegiate bench was formed, and the clerk took notes. The procurator (acting procurator) of Yihuang County People's Procuratorate appeared in court to support the public prosecution, and the lawyers of the law firm appeared as the defendants' defenders respectively. (Explanation 126, 127)
(IX) Presiding Judge: According to the provisions of Articles 154, 159 and 160 of the Criminal Procedure Law of People's Republic of China (PRC), the defendant (plaintiff in incidental civil action) enjoys the following litigation rights during the court hearing: he can apply for the withdrawal of the members of the collegial panel, the clerk, the public prosecutor, the expert witness and the translator; You can present new evidence, apply for new witnesses to appear in court, obtain new evidence, re-authenticate or conduct an inquest or inspection. The defendant can defend himself; After the court debate, the defendant can make a final statement. (explanation 128)
(10) Presiding Judge: Did the defendant (legal representative) hear clearly, whether to apply for withdrawal, to whom to apply for withdrawal, and the reasons for applying for withdrawal.
(1 1) Presiding Judge: Now the court investigation is in progress. Please read the indictment.
Presiding Judge: Defendant, did you hear the indictment just read by the public prosecutor? What are you accused of? Do you have any objection to the criminal facts accused of you in the indictment? Any objections?
(13) presiding judge: The public prosecutor may ask the defendant questions about the criminal facts alleged in the indictment.
(14) presiding judge: Does the defendant's defender (legal representative) need to ask the defendant questions?
(15) Presiding Judge: About the facts of each alleged case:
(1) The public prosecutor may request the presiding judge to call witnesses, expert witnesses and producers of inquests and inspections to testify in court; (2) The public prosecutor presents evidence and reads out the records of the victims, witnesses and experts who did not appear in court, as well as the investigation and inspection. (The relevant evidence produced and read by the public prosecutor shall be recognized with one certificate and one quality. )
1. What is the defendant's objection to the evidence?
2. What are the opinions of the defendant's defenders on the evidence?
(16) 1. With the permission of the presiding judge, after the prosecution provides evidence, the defendant, defender and legal representative may request to summon witnesses and expert witnesses to appear in court respectively.
2, produce evidence, written testimony of witnesses who did not appear in court, expert conclusion.
After the physical evidence and documentary evidence presented in court are identified by the other party, the prosecution and the defense can cross-examine and argue with each other.
(After the witness appears in court, the judge should first verify the identity of the witness, the relationship between the witness and the parties and the relationship with the case, and inform the witness of the legal responsibilities he should bear for truthfully testifying and intentionally perjury or concealing criminal evidence).
Before testifying, a witness shall sign the Certificate of Truthful Testimony. Questions to witnesses should be asked by the requesting party first, and then by the other party. After the investigation, he should be told to leave the court.
(XVII) Presiding Judge: The facts of this case have been investigated clearly, and the court investigation has ended. Now the court debate begins. The court debate mainly focuses on the disputed facts that have not been recognized by the court and how to apply the law according to the facts. (for example, whether the defendant constitutes a crime, the crime is light, the crime is heavy, there is no way to reduce it, the circumstances are aggravated, and the role of each defendant in the crime).
1, the prosecutor speaks;
2. The defendant defends himself;
3. Defender's defense;
4. Both the prosecution and the defense defend each other.
(18) presiding judge: After the court debate, according to Article 160 of the Criminal Procedure Law of People's Republic of China (PRC), the defendant has the right to make a final statement. Now it is up to you to make a final statement to the court.
(XIX) Presiding Judge: In the case of the defendant prosecuted by the Yihuang County People's Procuratorate, the collegial panel held a court hearing, conducted court investigations and court debates, and listened to the prosecutor's allegations, the defendant's opinions, the defendant's arguments and statements, and the defender's defense opinions. The trial ended. We'll adjourn for ten minutes and discuss it with the collegial panel.
Take the defendant out of court.
According to the opinion of the collegial panel, the presiding judge makes a judgment in court or irregularly.
Second, the significance of criminal trial
In modern society ruled by law, criminal trial has many meanings, such as safeguarding the legitimacy of prosecution, protecting the defendant from being wrongly investigated, and safeguarding the right of defense.
1, the trial has the significance of maintaining the legitimacy of the prosecution. In modern society, investigation organs and procuratorial organs bear the responsibility of prosecuting crimes and maintaining social order. This kind of prosecution must be justified, that is, it must be carried out in accordance with due process stipulated by law. However, the prosecution itself is extremely aggressive, and it is easy to deviate from legal procedures, infringe on civil rights, and thus undermine the legal order. By excluding illegal evidence through trial, the court can correct and curb the illegal acts of investigation organs and procuratorial organs, safeguard the legitimacy and legality of prosecution, and thus safeguard the rule of law.
2, the trial has the significance of protecting the defendant from being wrongly investigated. The accusation made by the procuratorate and the private prosecutor against the defendant is only a requirement of crime and punishment. Through the trial, the court will conduct a comprehensive review of the accusations of the procuratorate and the private prosecutor, including the sufficiency of evidence and the accuracy of legal application, so as to achieve the accuracy of conviction and sentencing and avoid innocence to the maximum extent.
3. Trial has the significance of guaranteeing the realization of the right to defense. The defendant enjoys the right of defense, and the trial provides a platform for the exercise of the right of defense. Only through trial can the defendant's right to defense be guaranteed and treated fairly, and the credibility of the criminal justice system can be reflected.
Three. criminal trial
As a kind of trial, criminal trial has its special principles, systems and procedures. In China, criminal trial refers to the activities of the people's court to try and make a judgment on criminal cases submitted for trial in accordance with legal procedures with the participation of both the prosecution and the defense and other participants in the proceedings.
Criminal trial consists of two parts: trial and judgment. The so-called trial refers to the activities of the people's court to investigate and verify the evidence, find out the facts of the case and determine how to apply the law with the participation of both the prosecution and the defense and other participants in the proceedings. The so-called judgment refers to the activities of the people's court to make conclusions on the substantive and procedural issues of the case according to the ascertained evidence, the ascertained facts of the case and the relevant laws. Trial is the premise and foundation of judgment, and judgment is the purpose and result of trial.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 197 During the court hearing, the parties, their defenders and agents ad litem have the right to apply for notifying new witnesses to appear in court, to apply for obtaining new material evidence, and to apply for re-appraisal or inspection.
Public prosecutors, parties, defenders and agents ad litem may apply to the court to notify people with specialized knowledge to appear in court and express their opinions on expert opinions.
The court shall make a decision on whether to approve the above application.
The relevant provisions on appraisers shall apply to persons with specialized knowledge appearing in court as stipulated in the second paragraph.
Article 198 During the court hearing, all facts and evidence related to conviction and sentencing shall be investigated and debated.
With the permission of the presiding judge, the public prosecutor, the parties, defenders and agents ad litem may express their opinions on the evidence and the case, and may argue with each other.
After the presiding judge announces the end of the debate, the defendant has the right to make a final statement.