The published judicial interpretation further clarifies the identification standard of "illegal evidence".
According to the judicial interpretation, the use of corporal punishment or corporal punishment in disguise, or causing the defendant to suffer severe pain or suffering physically or mentally by other means, forcing the defendant to confess against his will, should be recognized as "illegal methods such as extorting a confession by torture" as stipulated in Article 54 of the Criminal Procedure Law.
The judicial interpretation also pointed out that the "may seriously affect judicial justice" stipulated in Article 54 of the Criminal Procedure Law should be determined by considering the collection of physical evidence, the violation of legal procedures by documentary evidence, the severity of consequences and other factors.
The judicial interpretation further clarified the procedure of applying for evidence exclusion. It is stipulated that if the parties and their defenders or agents ad litem apply to the people's court to exclude evidence collected by illegal means, they shall provide relevant clues or materials such as the person, time, place, method and content suspected of illegally obtaining evidence according to law; It also stipulates that when the people's court serves a copy of the indictment on the defendant and his defender, it shall inform him to apply for excluding illegal evidence and put it forward before the trial, except that relevant clues or materials are found during the trial. A court order may compel a witness to appear in court.
According to the judicial interpretation, if a public prosecutor, a party or a defender or an agent ad litem disagrees with the testimony of a witness, and the testimony of a witness has a significant impact on the conviction and sentencing of a case, they shall apply to the court to notify the witness and expert witnesses to testify in court. If the people's court deems it necessary, it shall notify the witness to appear in court. If a witness refuses to appear in court without justifiable reasons after being notified by the people's court or refuses to testify after appearing in court, and the court cannot confirm the authenticity of his testimony, the witness's testimony shall not be used as the basis for finalizing the case. The president may compel a qualified witness to appear in court by issuing a compulsory witness appearance order.
The judicial interpretation also stipulates that in the trial of crimes endangering national security, terrorist activities, organized crimes of underworld nature, drug crimes, etc., if the personal safety of witnesses, experts, victims or their close relatives is endangered by testifying in court, the people's court shall take protective measures such as not disclosing their real names, addresses and work units, or not revealing their appearance and true voice. During the trial, if a witness, expert witness or victim requests protection, the people's court shall immediately examine it; If it is considered that protection is really necessary, it shall promptly decide to take corresponding protective measures. It is not allowed to ban the live trial in Weibo.
Judicial interpretation stipulates that in the process of court trial, participants in litigation and observers should abide by the following disciplines: obey the court's command and abide by court etiquette; Do not clap your hands, make noise, make noise or walk around at will; No audio-recording, video-recording, or photographing of the trial activities, and no dissemination of the trial by sending emails, blogs, Weibo, etc., except for journalists permitted by the court; Observers are not allowed to speak or ask questions; Do not engage in other acts that disturb the order of the court.
The person in charge of the Supreme Law said that the presiding judge may decide to temporarily detain the storage media or related equipment for unauthorized recording, video recording and photography, or spread the trial by sending emails, blogs and Weibo.
"If a lawyer seriously disturbs the order of the court, is forcibly taken out of the court or is fined or detained, the court shall notify the judicial administrative organ and may suggest giving corresponding punishment according to law. If the defender seriously disturbs the court order, is forcibly taken out of the court or fined or detained, and the defendant defends himself, the trial will continue; If the defendant requests to entrust other defenders, or if the defendant has circumstances that should provide legal aid, it shall announce an adjournment. " The person in charge said. Has fulfilled the criminal and lifted the ban.
In order to give full play to the function of the reconciliation procedure and prevent problems such as "substituting punishment for punishment" from damaging judicial justice, the judicial interpretation is clear, and the court can preside over consultations to reach a settlement.
According to the judicial interpretation, if the facts are clear and the evidence is sufficient in a public prosecution case that conforms to the provisions of Article 277 of the Criminal Procedure Law, the people's court shall inform the parties that they can settle by themselves; If the parties file an application, the people's court may preside over the parties to reach a settlement through consultation.
The judicial interpretation is clear, and those who have fulfilled the settlement agreement cannot go back on their word.
The two sides reached a settlement agreement during the investigation, examination and prosecution, and all of them have been fulfilled. If the victim or his legal representative or close relatives file an incidental civil lawsuit, the people's court will not accept it, except that there is evidence that the settlement violates the principle of voluntariness and legality. The people's court will not support the settlement agreement if it has been fully fulfilled and the parties have gone back on their word, except that there is evidence that the settlement violates the principle of voluntariness and legality.
In addition, the judicial interpretation also stipulates that the compensation content agreed in the settlement agreement should be performed immediately after the agreement is signed. A trial should be held to prevent "mental illness"
In order to ensure the standardized application of compulsory medical procedures and prevent the occurrence of "suffering from mental illness" or pretending to be mentally ill to escape criminal punishment, the judicial interpretation is clear, and compulsory medical cases should be heard in court in principle and meet with the respondent.
The judicial interpretation also stipulates the reconsideration procedure of compulsory medical treatment. If the person, the victim, his legal representative or his near relatives who have been decided on compulsory medical treatment are dissatisfied with the decision on compulsory medical treatment, they may apply to the people's court at the next higher level for reconsideration within five days from the date of receiving the decision.
The judicial interpretation also stipulates that if a person subjected to compulsory medical treatment and his close relatives apply for lifting compulsory medical treatment, they should submit it to the people's court that decided on compulsory medical treatment. If a compulsory medical institution puts forward an opinion on the termination of compulsory medical treatment, or the person subjected to compulsory medical treatment and his close relatives apply for the termination of compulsory medical treatment, the people's court shall form a collegial panel to examine it and make a ruling within one month. The court shall, within five days after making a decision, serve the written decision on the compulsory medical institution, the person who applied for the termination of compulsory medical treatment, the person who was decided on compulsory medical treatment and the people's procuratorate. If it decides to terminate compulsory medical treatment, it shall notify the compulsory medical institution to terminate compulsory medical treatment on the date of receiving the decision. Lawyers' opinions should be heard by the Supreme Court.
Judicial interpretation stipulates that during the review of death penalty, if the defense lawyer requests to reflect his opinions in person, the relevant collegial panel in the Supreme People's Court shall listen to his opinions in the office and make a transcript; If a defense lawyer puts forward a written opinion, it shall attach a volume.
Judicial interpretation, combined with the actual trial work, further clarified the trial scope of second-instance cases. An appeal case that stipulates that the defendant, the private prosecutor and his legal representative object to the facts and evidence ascertained in the first instance, an appeal case in which the defendant is sentenced to death and executed immediately, a case protested by the people's procuratorate and other cases that should be heard in court shall be tried in the second instance according to law. At the same time, the judicial interpretation also specifically stipulates that if the defendant sentenced to immediate execution of the death penalty does not appeal, the case appealed by other defendants in the same case shall be tried in the second instance; An appeal case in which the defendant is sentenced to death with a suspended execution shall be heard in court if conditions permit, even if the defendant has no objection to the facts and evidence found in the first instance.