According to the Criminal Procedure Law of People's Republic of China (PRC)
Article 236 In a case of first instance in which the intermediate people's court sentenced the death penalty, if the defendant does not appeal, it shall be reviewed by the higher people's court and submitted to the Supreme People's Court for approval. If the Higher People's Court has any objection to the death penalty, it may send it back for retrial.
In the case of first instance where the Higher People's Court sentenced the death penalty, the defendant did not appeal, and in the case of second instance where the death penalty was imposed, it should be reported to the Supreme People's Court for approval.
Article 237 A case in which the intermediate people's court sentenced the death penalty with a two-year suspension of execution shall be approved by the higher people's court.
Article 238 The review of death penalty cases in the Supreme People's Court and cases with suspension of execution by the Higher People's Court shall be conducted by a collegial panel of three judges.
Article 239 When reviewing a death penalty case, the Supreme People's Court shall make a ruling to approve or disapprove the death penalty. If the death penalty is not approved, the Supreme People's Court can send it back for retrial or change the sentence.
Article 240th When reviewing a death penalty case, the Supreme People's Court shall interrogate the defendant, and the defense lawyer shall listen to his opinions according to his requirements.
In the process of reviewing death penalty cases, the Supreme People's Procuratorate can put forward opinions to the Supreme People's Court. The Supreme People's Court should inform the Supreme People's Procuratorate of the results of the death penalty review.
What should the family members of criminal homicide cases do in the first place? Protect the scene and report the case immediately.
Relevant laws and regulations:
Article 108 of the Criminal Procedure Law Any unit or individual who discovers criminal facts or suspects has the right and obligation to report or accuse them to the public security organs, people's procuratorates or people's courts.
Victims have the right to report and accuse criminal facts or criminal suspects who infringe their personal and property rights to public security organs, people's procuratorates or people's courts.
Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.
Where a criminal surrenders himself to a public security organ, a people's procuratorate or a people's court, the provisions of the third paragraph shall apply.
What the defendant said above should do when he goes to the high court is a false question. First, since this case is the first instance of the Intermediate People's Court, the amount of the subject matter should be large, or there are foreign-related factors or intellectual property rights involved, and the parties can be said to have seen the world. Besides, after a trial, I have a certain understanding of the law. Second, is there no lawyer in this case? It's unbelievable.
Even so, the answer is-responding to the lawsuit.
Is homicide a case that can only be decided by the High Court? Attempted murder cases must be tried by intermediate or higher courts, because it involves the possibility of death penalty. If the death penalty cannot be executed, murder cases (such as termination and attempted murder) can be tried by local courts.
Can medical civil cases be appealed to the High Court? Of course, but step by step, you can't go directly to the higher court to appeal.
How long does it take for a criminal homicide case to reach the court? According to the provisions of the criminal procedure law
Article 168 When trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it.
Not later than one and a half months. Under any of the circumstances specified in Article 126 of this Law, the provinces, autonomous regions
With the approval or decision of the higher people's court of a city divided into districts or a municipality directly under the Central Government, it may be extended for another month. The people's court changed its management.
Cases under jurisdiction shall be counted from the date when the people's court after the change receives the case.
After the people's procuratorate has completed the supplementary investigation of the case and transferred it to the people's court, the people's court shall re-examine it.
The newly calculated probation period.
Article 126 provides as follows:
(1) Major and complicated cases in remote areas with very inconvenient transportation;
(2) Major criminal group cases;
(3) Major and complicated cases of escaping crime;
(four) major and complex cases involving a wide range and difficult to obtain evidence.
By law, it is. It depends on the court.
Procedural settlement of criminal cases after appeal
listen to
The trial of second instance is divided into trial in court and trial out of court.
Hold a trial/hearing
1, the procuratorate protested the case;
2. The defendant, the private prosecutor and their legal representatives raise objections to the facts and evidence ascertained in the first instance, which may affect the conviction and sentencing;
3, the defendant was sentenced to death for immediate execution of the appeal case;
4. Cases in which the defendant who was sentenced to immediate execution of the death penalty did not appeal for murder, but other defendants in the same case appealed.
There is no trial.
1. No court session is required: if the court of second instance considers that the facts of the original judgment are unclear, the evidence is insufficient, or there is a violation of legal proceedings as stipulated in Article 227 of the Criminal Procedure Law, and a retrial is required, it may not be held.
2. If the court of second instance decides not to hold a hearing, it shall interrogate the defendant and listen to the opinions of other parties, their defenders and agents ad litem. All members of the collegial panel shall read the papers and put forward written opinions when necessary.
The procuratorate sent personnel to appear in court.
For the case protested by the procuratorate or the public prosecution case tried by the court of second instance, the procuratorate at the same level shall send personnel to appear in court.
judicial procedure
1, read the judgment of first instance;
2. The focus of court investigation is the facts, evidence and new evidence submitted against the judgment of first instance;
3. If the defendant who has not appealed in the same case does not apply to appear in court or the court considers it unnecessary to appear in court, he can no longer be summoned to appear in court;
4. In a case where the defendant commits several crimes, the crime with clear facts and no objection can be tried without trial.
Second instance procedure of death penalty cases
1. Interrogate the defendant in the original trial and listen to the reasons or excuses of the defendant in the original trial;
2. Listen to the opinions of defenders when necessary;
3, review the main evidence, ask the witness when necessary;
4. Supplementary evidence collection when necessary;
5. If there are doubts about the appraisal opinions, they can be re-appraised or supplemented;
6, according to the case, you can listen to the opinions of the victims.
* * * The second instance procedure of the same criminal case.
1. The defendant who has not appealed in the same case may not be summoned to appear in court if he has not been applied to appear in court or the court considers it unnecessary;
2. If the defendant in the co-trial does not appeal and the procuratorate does not protest against his judgment, he shall be allowed to appear in court. Defendants appearing in court may participate in court investigations and debates;
3.* * * If only some defendants appeal in the same criminal case, or the private prosecutor only appeals against the judgments of some defendants, or the procuratorate only protests against the judgments of some defendants, other co-defendants may also entrust defenders to defend.
Announce a verdict
1. The court of second instance may entrust the court of first instance to pronounce the judgment on its behalf and serve the judgment or ruling of second instance on the parties.
The court of first instance shall deliver the judgment to the court of second instance within 5 days after the judgment is pronounced on its behalf, and deliver the service receipt to the people's court of second instance in time after the service is completed.
2. If the judgment is entrusted, the court of second instance shall directly deliver the judgment or ruling of second instance to the procuratorate at the same level.
Time limit for trial
1. The court of second instance shall conclude the appeal or protest within two months. For a case that can be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 156 of the Criminal Procedure Law exists, it may be extended for two months with the approval or decision of the high court of a province, autonomous region or municipality directly under the Central Government. If the extension is necessary due to special circumstances, it shall be submitted to the Supreme Court for approval.
2. The time limit for the Supreme Court to accept appeals and protest cases shall be decided by the Supreme Court.
The trial result of the second instance
There are three kinds.
1, uphold the original judgment
If the original judgment finds the facts and applicable laws correct and the sentence is appropriate, it shall rule to reject the appeal or protest and uphold the original judgment.
2. Direct revision of sentence
If the facts are clear, the evidence is sufficient, the law is applied or the sentence is improper, the sentence shall be changed.
If the facts are unclear and the evidence is insufficient, the sentence may be changed after finding out the facts.
Step 3 send it back for retrial
If the facts are unclear and the evidence is insufficient, the original judgment may be revoked and sent back to the original court for retrial.
If the court of second instance finds that the court of first instance violates legal procedures, it shall make a ruling to revoke the original judgment and send it back to the court of first instance for retrial.
What should I do if the district, middle, high and supreme courts refuse to accept an administrative case after it is prosecuted? If you don't accept it, it means that it is not a specific administrative act.
In other words, this matter cannot be solved through judicial procedures.
What should the defendant do when he goes to a higher court as mentioned above? How to answer the question has gone through two trials, not an appeal, but an appeal. Get ready.
What is the procedure of the final ruling after the administrative case is tried and ruled by the higher court? According to the information you provided, it may be a second-instance procedure.