1, court session. The presiding judge should find out whether the parties appear in court and announce the cause of action: announce whether the trial is open; To announce the names of members of the collegial panel, clerks, prosecutors and other participants in the proceedings; Inform the parties that they have the right to apply for withdrawal. Inform the defendant of his right to defense, etc.
2. Court investigation. Under the auspices of the people's court, the process of exposing the true situation of the case by both the prosecution and the defense through their own evidence and opinions is the central link of the court trial. The specific procedures are as follows: the public prosecutor reads the indictment; Statements of the defendant and the victim; Interrogate and question the defendant; Verify evidence, etc. During the court hearing, if the collegial panel has doubts about the evidence, it may announce an adjournment to investigate and verify the past evidence, and the agent ad litem has the right to apply for new witnesses to appear in court, obtain new material evidence and apply for re-appraisal or inspection. The court shall make a decision on whether to approve the above application.
3. Court debate. With the permission of the presiding judge, the public prosecutor, the parties, defenders and agents ad litem may express their opinions on the evidence and the case, and may argue with each other.
4. The defendant's final statement. When the defendant states his opinions on the case or shows his understanding and attitude, no organ or individual may deprive him of the right to make a final statement. All activities of the court shall be written by the clerk, examined by the presiding judge and signed by the presiding judge and the clerk.
5. Review and sentencing. According to the facts, evidence and relevant laws and regulations ascertained by the court, the collegial panel decided how to deal with it and made a judgment. After secret deliberation, the collegial panel made the following judgments respectively:
(1) If the facts of the case are clear and the evidence is really sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made;
(3) If the defendant cannot be found guilty due to insufficient evidence, a verdict of acquittal shall be made because the accused crime cannot be established due to insufficient evidence. After the review, the verdict can be pronounced in court. If the verdict is pronounced in court, it shall be served on the parties and the procuratorate that initiated the public prosecution within 5 days; If a verdict is pronounced regularly, the verdict shall be served immediately after the verdict is pronounced. The trial procedure of first instance in criminal proceedings mainly includes the following steps: trial, court investigation, court debate, defendant's final statement, evaluation and judgment.
Legal basis: Article 186 of the Criminal Procedure Law. After the people's court has examined the case in which a public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, it shall decide to hold a hearing.
Article 187 of the Criminal Procedure Law: After the people's court decides to hold a court session, it shall determine the members of the collegial panel and serve a copy of the indictment of the people's procuratorate on the defendant and his defender at the latest ten days before the court session. Before the trial, the judge may convene the public prosecutor, the parties, the defenders and the agents ad litem to understand the issues related to the trial, such as withdrawal, the list of witnesses appearing in court, and the exclusion of illegal evidence, and listen to opinions. After the people's court determines the date of the hearing, it shall notify the people's procuratorate of the time and place of the hearing, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the trial. For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session. The above activities shall be recorded in the record and signed by the judges and the clerk.
Article 227 of the Criminal Procedure Law: The defendant, the private prosecutor and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of the local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant. The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels. The defendant shall not be deprived of the right to appeal under any pretext.