Generally speaking, sentencing in court is based on the simple case, clear facts of the case, the court has ascertained the facts and evidence of the case and correctly applied the law.
1。 The reason why the court does not pronounce a sentence in court is that it needs to be cautious. After the judgment is effective, the court can decide whether to pronounce a sentence in court or regularly according to the situation.
2。 Generally speaking, sentencing in court is based on the simple case, clear facts of the case, the court has ascertained the facts and evidence of the case and correctly applied the law.
Do criminal cases need to be pronounced publicly?
1. Criminal cases need to be pronounced in public.
The verdict was announced publicly. If a verdict is pronounced in court, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution within five days; If the sentence is pronounced on a regular basis, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement. The written judgment shall be served on the defender and the agent ad litem.
2. The written judgment shall be signed by judges and clerks, and the time limit for appeal and the court of appeal shall be specified.
When making a judgment according to law, the people's court shall generally adopt the charges and sentencing suggestions accused by the people's procuratorate, except for the following circumstances:
(1) The defendant's behavior does not constitute a crime or should not be investigated for criminal responsibility;
(2) The defendant pleaded guilty against his will;
(3) The defendant denies the alleged criminal facts;
(4) The charges charged in the prosecution are inconsistent with those found in the trial;
(5) Other circumstances that may affect a fair trial.
According to the current law, only criminal cases that are tried by the expedited procedure need to be pronounced in court. The current law clearly stipulates that the defendant is blind, deaf, mute, or a mental patient who has not completely lost the ability to identify or control behavior, or the defendant is a minor, etc., and summary procedures cannot be applied.
Related content: What are the conditions for not filing a criminal case?
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: 208th Article of the Criminal Procedure Law.
When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months.
For cases that may be sentenced to death or cases with incidental civil actions, as well as the provisions of Article 158 of this Law,
In any case, it can be extended for three months with the approval of the people's court at the next higher level;
Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval. If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case.
The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.