First, the scope of application of selective sentencing in criminal cases
The scope of application of selective sentencing in criminal cases includes cases where the collegial panel fails to reach an agreement, cases where sentencing in court is easy to cause contradictions, and cases where sentencing in court is not suitable for major foreign-related cases. If the collegial panel fails to reach an agreement, it is often a major, difficult and complicated case, and it is difficult to make a decision. According to the provisions of the criminal procedure law, it needs to be submitted to the judicial Committee for handling, so it is not appropriate to pronounce a sentence in court, nor can it be pronounced in court. However, foreign-related cases and cases that are easy to cause contradictions when pronounced in court should not be pronounced in court, mainly considering practical operational factors.
Two. How long must a criminal case be closed?
1. In the trial of a public prosecution case of first instance, the verdict shall be pronounced within two months, not later than three months. Cases that may be sentenced to death or incidental to civil proceedings may be extended for three months.
2, the trial of the first instance of private prosecution cases, if the suspect is not in custody, should be sentenced within six months after accepting.
3. Cases that are tried by the expedited procedure shall be concluded within ten days; Those who may be sentenced to fixed-term imprisonment of more than one year may be extended to fifteen days.
4. Cases that are tried by summary procedure shall be concluded within twenty days; Those who may be sentenced to fixed-term imprisonment of more than three years may be extended to one and a half months.
5. The trial of a case of second instance shall be concluded within two months, and cases that may be sentenced to death or incidental to civil proceedings may be extended by two months.
6. The retrial case shall be concluded within three months, and if it needs to be extended, the time limit shall not exceed six months.
3. Can contract disputes be heard in court?
Contract dispute cases can be pronounced in court or regularly. This mainly depends on the complexity of contract dispute cases. There are two ways for the court to make a judgment, one is to pronounce it in court, and the other is to pronounce it regularly. There is no law that contract disputes will definitely be pronounced in court.
4. What should I prepare for the first trial of divorce?
1, drafting a divorce petition;
2. Prepare the evidence needed for litigation;
3. Submit the complaint and evidence to the court with jurisdiction;
4. After the court accepts the divorce proceedings, it sends a copy of the complaint to the other party within the legal time;
5. The court arranges the court session time and sends subpoenas to both parties;
6. Court hearing: both parties may entrust lawyers or other professionals to represent the litigation (in general, both parties to the divorce must appear in court, and if they cannot appear in court for special reasons, they must issue written opinions to the court on whether to divorce);
7. According to the plaintiff's claim and the evidence submitted by both parties, the court makes a judgment on whether to grant divorce, how to divide the property and how to solve the problem of child support.
8. The people's court will pronounce a verdict in public. If a verdict is pronounced in court, it shall be served within ten days; If the sentence is pronounced regularly, the judgment will be issued immediately after the sentence is pronounced. The first instance procedure of divorce case has ended. If one party refuses to accept the judgment, he can bring a second-instance lawsuit to a higher court.
5. Is the second instance an election verdict or a trial?
In the second instance, if the original judgment can be upheld in court, it can be decided in court or on a date, depending on the actual situation of the case. The judgment of the court is a special case, and it is normal to pronounce a sentence on a certain day. No matter the second trial, the first trial or the retrial, if the verdict is pronounced in court, there is no need to retry it another day, just pronounce the verdict another day, not in court, and get the verdict directly another day.
6. How long will the attempted burglary be closed?
The public security stage usually lasts about two and a half months to three months, and the longest is eight months. Then, the case is written by the case handlers of the public security organs, and the files and evidence are transferred to the procuratorate, that is, the stage of examination and prosecution. This stage is usually one month, and major and complicated projects can be extended by half a month. The trial is based on the system of second instance and final adjudication, and the first instance shall be conducted within one month after the court accepts and pronounces a verdict, and shall not exceed one and a half months at the latest. If the defendant or a party to an incidental civil action refuses to accept the judgment of first instance, he may appeal; If the procuratorate believes that the judgment of the first instance is indeed wrong, it can also lodge a protest with the higher court, and the case will enter the second instance. The trial time limit of the second trial is the same as that of the first trial, which is also one month, not more than one and a half months. To sum up, a criminal case will be over in five to six months if it is not complicated and the case is simple. If it is more complicated, it will be returned several times, and the longest trial time will be about two years.
Seven, what is the summary procedure of the court?
1. Preparation before the trial: Everyone enters the court, and the clerk counts whether the parties are present or not and announces the court discipline. Then the judge enters the court, all of them stand up. After sitting down, the presiding judge knocks the hammer, announces the hearing, briefly introduces the cause of action, introduces the parties, introduces the judge, and then informs the parties of their litigation rights and obligations and asks whether the parties should withdraw. If not, they will continue to the next round, and some people will postpone the trial.
2. During the court investigation, the indictment shall be read out by the public prosecutor or the indictment by the plaintiff. If the plaintiff has an agent, the statement of the agent shall be read out, and then the defendant shall defend it, and the agent shall read out the defense or the defense. Next, the two sides take turns to give evidence and argue with each other about whether the evidence can be accepted or its probative force.
3. After both parties have given evidence in the court debate, the presiding judge announced the end of the court investigation and began the court debate. The prosecutor, the defendant or both parties and their agents will express their opinions on the handling of the case in turn, which is the most exciting part of the whole trial process.
4. The defendant makes a final statement (criminal case) or both parties make a final speech. When the presiding judge thinks that the debate is almost over and the facts are clearly argued, the court debate is over and this link is carried out.
5. The collegial panel retired to discuss how to finalize the case. This was done in secret.
6. pronounced or announced a regular judgment in court. After the announcement, the presiding judge knocked out of court.
8. How long does it usually take to choose a sentence?
1. How long is the time for selective sentencing? It needs to be determined according to the actual situation. Due to different types of cases, the court's trial period is also different. When hearing in public, it takes more than ten days or even dozens of days to pronounce a sentence. If a verdict is pronounced regularly, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the verdict is pronounced.
9. What is the process of criminal cases?
1, put on record
When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction;
Step 2 investigate
When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence;
3. Review and prosecution
If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute and file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction;
Step 4 test
When trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, but not more than one and a half months at the latest. After hearing the case, the people's court shall make a judgment based on the facts, evidence and relevant laws and regulations that have been ascertained.
X. Which criminal cases cannot be tried in public?
1. Cases involving state secrets or personal privacy are not heard in public. Cases of crimes committed by minors over the age of 14 but under the age of 16 shall not be heard in public. /kloc-cases of crimes committed by minors over 0/6 and under 0/8 are generally not heard in public. For cases that are not heard in public, the reasons for not hearing in public shall be announced in court.
2, involving state secrets, personal privacy or otherwise stipulated by law, it shall be made public. Divorce cases and cases involving commercial secrets may be heard in private upon the application of the parties.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 137 The people's courts try civil cases in public, except those involving state secrets, personal privacy or otherwise provided by law.
Divorce cases and cases involving commercial secrets may be heard in private upon the application of the parties.
Criminal Procedure Law of the People's Republic of China
Article 29 A judge, prosecutor or investigator shall recuse himself under any of the following circumstances, and the parties and their legal representatives also have the right to ask him to recuse himself:
(1) Being a party to the case or a close relative of the party;
(2) He or his close relatives have an interest in the case;
(3) Having served as a witness, expert witness, defender or agent ad litem in this case;
(4) Having other relations with the parties to the case, which may affect the fair handling of the case.
Article 82 The public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
Article 85 When a public security organ detains a person, it must produce a detention permit.
After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed twenty-four hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately.
Article 91 If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit it to the People's Procuratorate for examination and approval. Under special circumstances, the approval time can be extended by one to four days.
For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days.
The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
208th Article When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case.
The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.
Constitution of the people's Republic of China
Article 130 The people's courts shall hear cases in public, except in special circumstances prescribed by law. The defendant has the right to defend himself.