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Introduction:
A closed trial means that the trial process of a case will not be made public. Generally, cases involving state secrets and personal privacy are not heard in public, and some cases involving commercial secrets may not be heard in public. Among them, there is a problem. Many people may apply to sit in on ordinary cases. Can family members apply to sit in on cases that are not heard in public? Hualv.com Bian Xiao will tell you the answer.
1. Can I apply to sit in on cases that are not heard in public?
According to Article 186 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of People's Republic of China (PRC), if a case involves state secrets or personal privacy, it will not be heard in public; If a party applies for a trade secret, the court may decide not to hear it in public. Unless otherwise provided by law, no one may attend a case that is not heard in public. "Any citizen" here, including court staff who have nothing to do with the trial of the case and close relatives of the defendant, are not allowed to attend. The relevant provisions shall apply to the trial of juvenile defendants' cases, but the parents of juvenile defendants, as legal representatives, may participate in the proceedings.
Second, what are the cases that are not heard in public?
Criminal Procedure Law of the People's Republic of China
Article 188
The people's court hears cases of first instance in public. However, cases involving state secrets or personal privacy shall not be heard in public; Cases involving commercial secrets may be heard in private upon the application of the parties.
For cases that are not heard in public, the reasons for not hearing in public shall be announced in court.
Article 285
Cases in which the defendant is under the age of 18 at the time of trial shall not be heard in public. However, with the consent of the minor defendant and his legal representative, the school to which the minor defendant belongs and the minor protection organization may send representatives to be present.
In China, the trial of cases generally follows the principle of public trial, except for closed trial. The purpose of closed trial is mainly to protect the interests of the parties to the case. If you have more questions and want to get professional legal advice and litigation help, you can contact our lawyer on Hualv.com's homepage.