1. If it may be sentenced to fixed-term imprisonment of not more than three years, it may be tried by a collegial panel or a judge alone; If the term of imprisonment that may be sentenced exceeds three years, a collegial panel shall be formed for trial.
2. Cases in which summary procedure and quick adjudication procedure are applied in basic people's courts are generally tried by a single judge.
According to the provisions of the Criminal Procedure Law of People's Republic of China (PRC):
1 Article 183 The trial of a case of first instance by a basic people's court or an intermediate people's court shall be conducted by a collegiate panel composed of three judges or three judges or seven people's jurors, but a case in which a summary procedure or a summary procedure is applied by a basic people's court may be tried by a single judge.
When trying a case of first instance, the Higher People's Court shall consist of three to seven judges or three to seven judges and people's jurors.
The Supreme People's Court tried cases of first instance by a collegial panel of three to seven judges.
When trying cases of appeal and protest, the people's court shall be composed of three or five judges.
The number of members of the collegial panel shall be odd.
2. Article 216 When a case is tried by summary procedure, it may be tried by a collegial panel or by a single judge. If the term of imprisonment that may be sentenced exceeds three years, a collegial panel shall be formed for trial.
When a case of public prosecution is tried by summary procedure, the people's procuratorate shall send personnel to appear in court.
Extended data
1. A case under the jurisdiction of the basic 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 sufficient;
(2) The defendant admits his 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.
2, one of the following circumstances, the summary procedure is not applicable:
(1) The defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to recognize or control his own behavior;
(2) Having a significant social impact;
(3) * * * Some defendants in the same criminal case plead not guilty or have objections to the application of summary procedure;
(4) Other cases where summary procedure is not applicable.
China Government Network-People's Republic of China (PRC) Criminal Procedure Law