1, put on record for review?
In line with the conditions for filing a case, notify the parties concerned to pay the legal fees within 7 days, and file a case after paying the fees; If it does not meet the conditions for filing a case, it shall be ruled inadmissible. ?
If you refuse to accept the decision to dismiss the prosecution, you should appeal to the Higher People's Court within 10 days. ?
After the court accepts the case, it will send a copy of the complaint to the other party within 5 days, and the other party will reply within 15 days, and notify both parties to exchange evidence. According to the application of the parties, the court may make a ruling on property preservation and immediately start execution?
2. Is the trial scheduled?
Notify the parties of the time, place and undertaker of the court session 3 days in advance; The public hearing of the case will be announced three days in advance. ?
3. trial?
Announce the hearing, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for withdrawal?
Court investigation: the parties state the facts of the case. ?
Proof and cross-examination: inform witnesses of their rights and obligations, witness to testify in court, read out the testimony of witnesses who did not appear in court, and produce documentary evidence, physical evidence and audio-visual materials; The two sides expressed their opinions on the evidence materials. ?
Court debate: the two sides debate and demonstrate controversial facts and legal issues. ?
Court mediation: Under the auspices of the court, both parties agreed to settle the dispute. ?
If a mediation agreement is reached, a mediation agreement shall be made, which shall take effect after being signed by both parties, and the parties shall perform the contents of the mediation agreement or apply for execution; If no mediation agreement is reached, the collegial panel shall make a judgment (ruling). ?
4. sentences?
If you agree to the judgment, the parties will automatically perform the obligations specified in the judgment document or apply to our court for execution; If there is disagreement with the referee, it needs to be treated differently according to the situation:
Ruling: appeal to the higher people's court within 10 days from the date of service; ?
Judgment: Appeal to the Higher People's Court within 15 days from the date of service. ?
Article 168 of the Criminal Procedure Law stipulates that the court shall pronounce a judgment within one month after accepting a case of public prosecution, but not more than one and a half months at the latest.
Extended data:
Case:
A taxi driver in Shenzhen was banned for life for drunk driving.
As a professional driver engaged in passenger service, taxi drivers should abide by the law and professional ethics, because from the moment passengers enter the taxi, they are strangers who put their lives in the driver's seat. The reporter learned yesterday that Shenzhen traffic police seized 1 drunk taxi drivers, who will be banned from driving and operating motor vehicles for life.
65438+1 22: 26 on October1,when Shenzhen traffic police carried out a rectification operation at the intersection of Ludongwan, they found that Zeng, a blue taxi driver with Guangdong B license plate, was suspected of drunk driving. After breath alcohol test, the result is 92mg/ 100ml, which belongs to drunk driving. After blood test, Zeng's blood alcohol content was 82.7 1mg/ 100ml, which was suspected of dangerous driving.
As a professional driver, he even took passengers on the road after drinking. According to Zeng's confession, at 8: 30 a.m. on New Year's Day, he and his colleagues ate at a restaurant in Changling Village and drank several glasses of white wine until about 10: 30. The four of them walked home and went home to sleep.
I slept until 19: 30, and I got up and handed over my shift. When driving a taxi, Zeng himself felt that the alcohol strength had not been eliminated, so he parked his car on the side of Haijing No.2 Road and slept in the car for more than two hours until 22 o'clock.
I thought wine was drunk in the morning. At night, he is not drunk or sleepy. He thought he was awake, so he drove on the road to have an operation. At this time, the passenger Ms. Deng got off at the bus stop because she took the wrong bus and stopped the taxi driven by Zeng. When driving to the Dongwan intersection of Shen Yan Road, she was seized by the police on duty.
According to the Road Traffic Safety Law, anyone who drives or operates a motor vehicle after drinking alcohol will be detained on 15, fined 5,000 yuan, and his motor vehicle driver's license will be revoked. He may not re-obtain a motor vehicle driver's license within 5 years.
Anyone who drives or operates a motor vehicle in a drunken state shall be restrained by the traffic administrative department of the public security organ until he wakes up, his motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; /kloc-Never obtain a motor vehicle driver's license again within 0/0 years, and never drive or operate a motor vehicle after obtaining a motor vehicle driver's license again.
At present, Zeng has been criminally detained on suspicion of dangerous driving.
References:
The Supreme People's Procuratorate-Criminal Procedure Law
References:
Baidu encyclopedia-drunk driving
References:
People's Daily Online-A taxi driver in Shenzhen was banned for life for drunk driving.