First, how to judge ordinary criminal cases,
1. After the court hears a case, if the criminal facts of the case are clear and the criminal evidence is sufficient and reliable, the people's court may make a guilty verdict and impose a penalty according to the circumstances of the crime.
2. If the criminal suspect is considered innocent according to the law, a verdict of innocence shall be made.
3. If the criminal evidence is insufficient to identify the criminal suspect as guilty, the court shall make an acquittal on the grounds that the evidence is insufficient and the charges are not established.
Second, the sentencing procedure.
1, trial preparation stage
2, the court investigation stage
3. Evidence and cross-examination stage
4. Court debate
5. The defendant's final statement;
Third, the trial preparation stage.
1, identify the party: name; Former name; Date of birth; Nation; Native place; Education level; Occupation; Location of household registration; Home address; Whether he has received criminal punishment or administrative punishment; When to be detained; When he was released on bail pending trial; When to receive a copy of the indictment from the procuratorate; If the court makes mistakes in checking the age, identity and criminal record of the defendant, which may affect the trial result of the case, the lawyer should carefully record it and clarify it during the court investigation.
2. Declare that the defendant is suspected of committing a crime; Announce the names of the members of the collegial panel and other participants (prosecutors and defenders); Inform and ask whether to apply for withdrawal;
3. Inform the parties and defenders of their rights
First, after the detention is over, whether the sentence will be reduced.
According to the relevant provisions of China's criminal law, those who are not detained after being arrested cannot be credited to their prison terms, but can only be credited to their detention. Article 41 of the Criminal Law of People's Republic of China (PRC): The period of control shall be counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to two days of imprisonment. Article 44 of the Criminal Law of People's Republic of China (PRC): The term of criminal detention shall be counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment. Article 47 of the Criminal Law of People's Republic of China (PRC): The term of fixed-term imprisonment shall be counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment.
3. Is the detention time before sentencing counted in the sentence?
Before sentencing, if the criminal is detained first, that is, detained or arrested, then after sentencing, the period of detention or arrest will also be included in the sentence. Article 41 of the Criminal Law stipulates that the period of control shall be counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to two days of imprisonment. Article 44 stipulates that the term of criminal detention shall be counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment. Article 47 stipulates that the term of fixed-term imprisonment shall be counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 47 of the Criminal Law of People's Republic of China (PRC)
The term of fixed-term imprisonment shall be counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment.