According to the relevant laws and regulations, the summary procedure is stipulated in the Criminal Procedure Law. In some special cases, with the consent of both the prosecution and the defense, some procedures in ordinary procedures are simplified, and the manpower, material resources and litigation costs are reduced, so that criminal cases can be closed quickly. The summary procedure should be completed within 20 days. Under normal circumstances, ordinary procedures should be applied to cases of first instance, and summary procedures are only exceptions to ordinary procedures, so the scope of application should be strictly limited. Summary procedure cannot be abused. The defendant did not admit or did not fully admit the criminal facts accused by the procuratorate. Although both the prosecution and the defense and the referee believe that the defendant is guilty, it should be tried according to ordinary procedures, so that the defendant can fully explain his reasons for not pleading guilty in court. Only when the defendant fully agrees with the accusation of the procuratorate can the summary procedure be applied. Although the procuratorate, the court and the defender all agreed to apply summary procedure, the defendant had no objection to the accusation of the procuratorate. However, if the defendant does not agree to the application of summary procedure, the court should also try the case in accordance with ordinary procedures. Only grass-roots courts can apply summary procedure, while intermediate courts and high courts cannot apply summary procedure. In reality, most defendants in private prosecution cases do not plead guilty, and defendants in private prosecution cases do not necessarily agree to apply summary procedure. Although private prosecution cases are minor crimes, it is not a simple matter to determine whether the defendant is guilty or innocent. Therefore, summary procedure is not applicable to retrial, appeal and second instance.
The defendant needs to prepare a defense when he appears in court. The defense to be submitted here includes an original defense and a copy corresponding to the number of defendants in the joint case. In addition to submitting the defense to the people's court, the plaintiff shall also submit corresponding copies of the defense according to the number of the defendant and the third party, so that the people's court can serve the defendant after deciding to accept it. Copies can be copied, printed or duplicated. (Generally 3 copies, it is recommended to keep one more. If there is an agent ad litem, there may be one or two more copies, both of which must be signed or sealed to prove the subject qualification of the parties. If the party is a natural person, it shall also submit a copy of the ID card or household registration book and other materials to prove its identity; If it was a legal person or other organization at that time, it shall submit a copy of the industrial and commercial business license or the main registration materials such as the industrial and commercial registration materials in the last three months or the registration certificate of an enterprise as a legal person; As a legal person or other organization, the identity certificate of the legal representative or the certificate of the principal responsible person shall also be submitted. If responding to the lawsuit on behalf of the defendant, the defendant's power of attorney shall also be submitted, which shall be sealed or signed by the client, and the power of attorney shall specify the entrusted matters, authority, time limit and contact telephone number; If a citizen acts as an agent, submit a copy of his/her ID card; if a lawyer acts as an agent, submit an official letter from the law firm and a copy of the lawyer's practice certificate.
Decision of the National People's Congress on Amending the Criminal Procedure Law of People's Republic of China (PRC). Article 174 is changed into 208th Article and amended as: "A case under the jurisdiction of a grassroots people's court may be tried by summary procedure if it meets the following conditions:" (1) The facts of the case are clear and the evidence is really sufficient; "(2) The defendant admits the crime and has no objection to the alleged criminal facts;" (3) The defendant has no objection to the application of summary procedure. When a people's procuratorate brings a public prosecution, it may suggest that the people's court apply summary procedure.
Article 125 of the Civil Procedure Law of People's Republic of China (PRC), the people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court.