The indictment is only a sentencing suggestion, and the court is responsible for hearing and determining the charges according to the evidence and relevant laws and regulations. You can find a lawyer to fight for a lighter or mitigated punishment according to the case.
The process of prosecution:
1. Investigation and evidence collection: The parties shall investigate and collect evidence related to the case, including documentary evidence, physical evidence and witness testimony;
2. Drafting a complaint: The parties shall draft a complaint in accordance with the law, stating their claims, litigation facts and reasons. , and attach relevant evidence;
3. Submit a complaint: the parties shall submit a complaint to the people's court where the defendant has his domicile or where the incident occurred, and pay the litigation fees at the same time. The court shall issue a notice of acceptance to the prosecutor within five days from the date of receiving the complaint;
4. Defendant's defense: After receiving the complaint, the defendant shall make a defense within the statutory time limit, explain his opinions and opinions, and attach relevant evidence;
5. Trial: After the pre-trial preparation is completed, the court will arrange a trial. During the trial, the parties may debate, and the court may ask the parties or witnesses and consult the evidence.
6. Trial ruling: After trial, the court makes a judgment or ruling based on investigation and evidence collection, statements of the parties and existing evidence. Once a judgment or ruling is announced, it will take legal effect.
The conditions for prosecution are as follows:
1. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;
2. There is a clear defendant;
3, there are specific claims and facts and reasons;
4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.
To sum up, the sentencing in the indictment is not the final verdict, and the specific verdict needs to be heard by the court before it can be determined.
Legal basis:
Article 186th of the Criminal Procedure Law of People's Republic of China (PRC)
After the people's court has examined the case of public prosecution, if the facts of the crime alleged in the indictment are clear, it shall decide to hold a hearing.
Article 202
The announcement of the judgment shall be made in public.
If a verdict is pronounced in court, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution within five days; If the sentence is pronounced on a regular basis, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement. The written judgment shall be served on the defender and the agent ad litem.