First, can I read the documents after filing a criminal appeal?
According to the regulations of the court, the parties to a criminal appeal case are not allowed to read documents.
China's criminal procedure law stipulates that after a criminal case enters the investigation procedure, the defense lawyer can consult the file; After entering the public prosecution stage, the defense lawyer can consult all the files; After entering the trial procedure, the defense lawyer can consult all the files. However, there is no provision for the right of the defendant and the criminal suspect to read the papers. Such a provision is also considered from the nature of criminal cases.
According to the regulations, the complainant in a criminal appeal case cannot directly consult the criminal case file of this case, and only the defense lawyer entrusted by him can consult the relevant case file with the approval of the court.
Second, the standard of fines in criminal cases.
1, unlimited fine system.
That is to say, the specific provisions of the criminal law only stipulate the place, single place or fine, but not the specific amount limit of the fine, but the principle determined by the people's court according to the general principles of the criminal law-the specific amount of the fine is discretionary according to the circumstances of the crime. In the case of unlimited fines, according to the provisions of Article 2 of the aforementioned judicial interpretation, the minimum amount of fines shall not be less than 1000 yuan; If a minor commits a crime, he shall be given a lighter or mitigated punishment, and the minimum fine shall not be less than 500 yuan.
2. Penalty-limited system.
In other words, the specific provisions of the Criminal Law stipulate the lower limit and upper limit of the fine, and the people's court only needs to decide the fine within the specified amount. For example, Article 170 of the Criminal Law stipulates that whoever forges money shall be sentenced to fixed-term imprisonment of not less than three years and fined not less than 50,000 yuan but not more than 500,000 yuan. There are many similar provisions in the specific provisions of the criminal law, mainly focusing on the chapter on the crime of undermining the order of the socialist market economy.
3. Proportional penalty system.
That is, the fine amount is determined by the percentage of the crime amount. For example, according to Article 158 of the Criminal Law, the crime of falsely reporting registered capital shall be punished with fixed-term imprisonment of not more than three years or criminal detention, and a fine of not less than 1% but not more than 5% shall also be imposed.
4. Multiple fines system.
That is, the amount of fine is determined by the multiple of the amount of crime. For example, Article 202 of the Criminal Law stipulates that whoever refuses to pay taxes by means of violence or threats shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than/kloc-0 but not more than 5 times. According to this regulation, the amount of fine depends on the amount of crime, and the greater the amount of crime, the higher the amount of fine; or vice versa, Dallas to the auditorium
5. Double fine system.
That is, the amount of fine is determined by the proportion and multiple of the crime amount. For example, according to Article 14 1 of the Criminal Law, anyone who commits the crime of producing or selling counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 50% but not more than two times the sales amount. The provisions of this fine amount mainly focus on the crime of producing and selling fake and inferior commodities stipulated in the first section of Chapter III of the Criminal Law.
Legal basis: According to the provisions of Article 200 of the Criminal Procedure Law, after the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel deliberated and made the following judgment based on the facts, evidence and relevant laws and regulations:
(1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made;
(3) If the defendant cannot be found guilty due to insufficient evidence, a verdict of acquittal shall be made because the accused crime cannot be established due to insufficient evidence.