Trial audit report of intermediate people's court
On 2005 165438+200510.3, some students of Grade 04 and Grade 05 attended the case of "Lin et al. robbed and killed the victim" tried by Fuzhou Intermediate People's Court.
Brief introduction of the case (prosecution)
1September 8, 1999, at the instigation of the defendant Lin (from Luoyuan, Fujian) and his uncle Lin Qilong (sentenced and currently serving his sentence), he and two young people from Jiangxi went to Shanghai to rob a house rented in name, bound the landlord's mother, and sealed the victim's mouth with towels and tape, causing the victim to suffocate and die. The three men fled the scene after stealing two passbooks and some cash from the landlord's house. After the defendant handed the passbook to Lin Qilong, the two of them took out the deposit in the passbook together. After sharing the spoils, the defendant fled to Shanghai in July 2005, was arrested and handed over to Fuzhou People's Procuratorate.
judicial process
After the presiding judge, the judge, the public prosecutor, the defendant's defense lawyer and the clerk were seated, the bailiff took the defendant Lin to the defendant's seat. All the hearing personnel remain silent.
First, the presiding judge confirmed the identity of the defendant Lin and asked the defendant when he received the indictment. After receiving a positive answer, the presiding judge announced the trial.
The presiding judge briefly explained the case and introduced the judges, prosecutors and defenders who participated in the trial. Subsequently, the presiding judge stated his rights in the trial to the defendant, and if the defendant thought that the trial personnel might affect the fairness of the trial, he could apply for the withdrawal of the trial personnel, and he could obtain new evidence or summon new witnesses during the trial. You can defend yourself with the permission of the presiding judge.
Third, the questioning stage of the public prosecutor. The public prosecution agency asked the defendant Lin about the contents of the case investigation document. In this process, the defendant needs to answer the questions raised by the prosecutor and state the facts. Among them, the defendant Lin refused to admit the criminal process stated by the public prosecutor in the document and made a new confession. Put forward that he didn't know and didn't accept any illegal property. Then the trial entered the stage where the defense lawyer asked the defendant questions.
Four defense lawyers had made some inquiries about the new version of the defendant's case.
The public prosecutor added questions and raised objections to the doubts in the defendant's new confession. Among them, the judge also questioned the statement of the defendant. In this process, the defendant's answers to the questions were inconsistent.
6. The presiding judge announced that he would enter the process of presenting evidence by both the prosecution and the defense.
1. The public prosecutor read out the relevant documents of the investigation results of Fuzhou People's Procuratorate on the defendant, and provided the testimony of the principal offender Lin Qilong and other people involved. After the reading, he pointed out that the defendant Lin pleaded guilty with a bad attitude, and the degree of sentencing should be considered when conviction and sentencing.
2. The defender reiterated the criminal responsibility of the defendant in this case, that is, the identity of the defendant Lin should be an accessory, and his cognitive ability was poor when he committed the crime. Please ask the judge to consider sentencing him.
3. Defendant Lin defended himself, pointing out that Lin Qilong, the principal offender, was suspected of shirking his responsibility, and repeatedly reiterated that he didn't know the case at that time.
7. The trial entered the final stage, only the two parties made final statements, and the presiding judge announced the end of the trial, and the time for the next trial was to be determined.
At the end of the trial, the staff and observers left in turn.