The trial process of criminal incidental civil cases

The procedure for filing a criminal case is as follows:

1. Ask about the approved identity: name, address, time of detention, time of arrest, time of receipt of the indictment, and whether to request withdrawal.

Second, the court investigation

1. Read the indictment and ask the defendant if he agrees.

2. The prosecutor asked whether the defendant pleaded guilty; Whether the time, place and number of crimes are consistent with the indictment; Check the indictment item by item

Third, proof and cross-examination.

1. The public prosecutor will give evidence one by one and produce evidence of the crime, and the defendant and lawyer will confirm them one by one.

2. Do the defendants and lawyers have any evidence to show?

Fourth, the court debate

1, issue a public prosecution opinion, pointing out that criminal facts should bear criminal punishment; Explain that the defendant has both subjective and objective criminal facts, which constitutes the elements of the crime and is convicted.

2. Defendants and lawyers argue opinions in criminal proceedings, exonerate themselves, and strive for innocence or mitigated punishment.

Verb (abbreviation for verb) The defendant's final statement.

Six, when the court is adjourned, the judge and the people's jury collegially pronounced.

Seven. sentence

Eight, interpretation of the law, court education: explain the verdict, make the defendant plead guilty, realize the education of criminals, and save administrative costs (no appeal).

What is the main procedure of the court session?

1, the court announced the opening of the court;

2. Conduct court investigation;

3. Conduct court debates;

4. Final statement;

5. Announce an adjournment to await the verdict.

Legal basis:

Criminal Procedure Law of the People's Republic of China

Article 101 If the victim suffers material losses due to the criminal act of the defendant, he has the right to bring an incidental civil action in criminal proceedings. If the victim dies or loses his capacity for civil conduct, his legal representative and close relatives have the right to file an incidental civil action.

If state property or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution.