Legal analysis
The criminal trial process generally includes three steps: pre-trial preparation, trial and sentencing. The trial is divided into court investigation stage, court debate stage and defendant's final statement stage. In the court investigation stage, the facts of the case are generally investigated and confirmed. At this time, both parties will give evidence for cross-examination. The trial of domestic courts is presided over by the presiding judge of the collegiate bench, and the specific trial process is as follows:
1. Before the court session, the clerk shall make relevant preparations, including confirming whether the participants in the proceedings are present in court and reading out the rules of the court.
2. At the stage of court investigation, after the completion of court matters, the presiding judge will announce the beginning of court investigation. Read the indictment, interrogate the defendant, ask witnesses and experts, produce evidence, apply for a new certificate, and apply for someone with specialized knowledge to appear in court.
3. In the court debate stage, on the basis of court investigation, the prosecution and the defense debated and refuted each other on whether the defendant's behavior constituted a crime, the nature of the crime, the severity of the guilt, whether the evidence was really sufficient, and how to apply the penalty.
4. At the stage of court mediation, the presiding judge asked the parties involved in incidental civil litigation whether they were willing to mediate. If both parties request mediation, the court may mediate the incidental civil action. If there are no incidental criminal proceedings or one party is unwilling to accept mediation, mediation will not be conducted. The defendant finally stated that after the presiding judge announced the end of the debate, the defendant had the right to make a final statement.
5. Deliberation and sentencing. After the defendant's final statement, the presiding judge announced an adjournment and the collegial panel conducted a review. There are two forms of final judgment: court judgment and ordinary judgment.
legal ground
One article is added as Article 182 in Chapter III of Part II of the Decision of the NPC Standing Committee on Amending the Criminal Procedure Law of People's Republic of China (PRC): "If a criminal suspect voluntarily and truthfully confesses the suspected criminal facts, has made significant meritorious service or the case involves major national interests, the public security organ may revoke the case with the approval of the Supreme People's Procuratorate, and the people's procuratorate may decide not to prosecute one or more suspected crimes." If the prosecution is not initiated or dismissed in accordance with the provisions of the preceding paragraph, the people's procuratorate and the public security organ shall promptly deal with the sealed-up, distrained or frozen property and its fruits. "