How to determine criminal judgment's signature date
After the court of an administrative case opened, the time for sentencing was not determined, and the time for the collegial panel to maintain the judgment of an administrative case was controversial.
One view holds that the sentencing time should be set, another view holds that it should be the time when the president in charge issues the sentence, and the third view holds that it should be the time when the collegial panel finalizes the sentence.
1. the first opinion is that the trial activity is not over yet, and it will be over when the verdict is pronounced, so it should be the time to pronounce the sentence. The second view is that the result of the collegial panel is the result of the verdict, so the date of the verdict is the date of the collegial panel. The third view is that the signature of the president is the date of the final case, so it should be the date of signing the judgment. Because the "Administrative Procedure Law" does not explicitly stipulate, but
Article 97 "In trying administrative cases, the people's courts may refer to the relevant provisions of civil litigation in addition to the Administrative Procedure Law and this interpretation", so the date of receipt of the judgment shall be the same as that of the civil judgment. However, there is no specific provision in the Civil Procedure Law. In the trial practice, whether it is administrative judgment, civil judgment or criminal judgment, in addition to the above circumstances, there are cases pronounced by a single judge in court and cases pronounced by a single judge regularly; After the ordinary procedure is tried, it should be reported to the judicial Committee for discussion and decision after the collegial panel meeting. The signing date of several cases should be different, such as cases that are not reported to the judicial Committee for discussion and decision on a regular basis, and cases that need to be continued to be tried.
The judgment in feudal times refers to the official decision, and now it refers to the decision made by the people's court on the substantive issues of the case after hearing the case in accordance with the procedures prescribed by law. The judgment made by the people's court is a legally effective judgment document made by the people's court on both parties to the dispute in accordance with the provisions of the law and ex officio. It is authoritative, legal and mandatory. The writing date of the judgment should be serious and standardized, and it should not be arbitrary, but the law does not clearly stipulate the specific writing date.
2. According to the spirit of the relevant provisions of the Civil Procedure Law, the date of the judgment should be the date when the people's court makes a judgment on substantive issues, that is, the date when the judicial organization of the court determines a clear opinion on the outcome of the case. The date set by the judgment is not the date naturally set by the judge handling the case, nor is it the date when the president and other persons who have the right to sign the judgment documents sign the judgment. Our country's law has two provisions on the organizational form of the people's court hearing cases, one is the exclusive system and the other is the collegiate system. In the case tried by a single judge, the date when the single judge makes a judgment should be the date when the legal document is signed, that is, the case pronounced in court is the date when it is pronounced in court, and the case pronounced regularly is the date when it is pronounced. Cases tried by the collegiate bench system should be treated differently: one is cases that do not need to be reported to the judge for discussion and decision after collegiate bench, and the date decided by the collegiate bench is the date of signing the judgment. Under special circumstances, some cases have been collegiate for many times, and the final collegiate date should be the date when the judgment is signed; The other is a case discussed by the collegial panel and reported to the judicial Committee for discussion and decision. According to the Organic Law of the People's Court, the task of the judicial committee of the people's court is to sum up trial experience and discuss major or difficult cases and other issues related to trial work. Therefore, the judicial committee of the people's court is the highest judicial organization established by the people's court to hear cases. Therefore, whether the decision of the judicial committee agrees with the opinions of the collegial panel or changes the opinions of the collegial panel, the judgment shall be made according to the decision of the judicial committee. Therefore, the date when the judicial committee made the judgment. There is no legal basis for the president or other persons who have the right to issue judgment documents to issue judgments. It is not the determination of judgment results, but the internal management regulations of the court to improve the quality of cases. The signing of the document by the president is only equivalent to reviewing the judgment, and does not determine the verdict. Because even if the issuing personnel such as the president have objections to the contents of the collegial panel's judgment, they have no right to change the contents of the judgment on their own, but they can ask the collegial panel to reopen the session, or the president can submit it to the judicial committee for discussion and decision, and the issuing personnel such as the president must implement the decisions of the judicial committee, so the issuing behavior of the president and others does not belong to the determination of the contents of the judgment.
The above is how to determine the date of criminal judgment's signature. If you don't understand anything, you may wish to consult the relevant lawyer.