When a case is tried in public according to law, all citizens can attend except the mentally ill, drunken people and minors without the permission of the people's court. If the observers need to enter the court with a side hearing, the people's court shall make a record of the side hearing.
Foreigners and stateless persons who hold valid certificates to attend the audit shall be handled with reference to the provisions of China citizens to attend the audit. Observers must abide by the rules of the people's court and accept safety inspection.
Family members who did not attend the public hearing could not attend. According to article 122 of the Supreme People's Court's Interpretation on Several Issues Concerning the Execution of the Criminal Procedure Law, no citizen, including court staff irrelevant to the trial of the case and close relatives of the defendant, is allowed to attend.
The trial process of criminal cases
First, pre-trial preparation, consulting the case files transferred by the public prosecution organ for examination and prosecution, and holding pre-trial meetings to exclude illegal evidence when necessary.
Second, the trial, before the trial, the clerk should find out whether the participants in the proceedings appear in court and read out the rules of the court. After the judge is seated, the presiding judge announces the court session, summons the defendant to appear in court, understands the basic situation of the defendant, informs the relevant litigation rights, and asks whether to apply for withdrawal.
Three, the court investigation by asking questions to the defendant or witness and cross-examination of evidence to find out the facts of the case.
Four. Court Debate The prosecution and the defense debated each other on whether the defendant's behavior constituted a crime, the nature of the crime, the severity of the guilt, whether the evidence was really sufficient, and how to apply the penalty.
Verb (abbreviation of verb) defendant's final statement After the presiding judge announced the end of the debate, the defendant has the right to make a final statement.