Criminal ruling and judgment are two common legal documents in judicial practice, which play an important role in criminal proceedings. Although both decisions are made by judicial organs after hearing cases, there are still some differences between them. Next, I will analyze the difference between criminal adjudication and judgment in detail from the aspects of definition, content and legal effect.
First of all, from the definition, a criminal ruling refers to a written decision made by a people's court on certain procedural issues or specific matters during the trial of a criminal case. Judgment is a written decision made by the people's court on whether the defendant is guilty and how to punish him after hearing a criminal case. Simply put, an award is a decision on procedural issues, while a judgment is a decision on substantive issues.
Secondly, from the content point of view, the criminal ruling mainly includes the following aspects: first, it describes the basic situation of the case, including the case name, case number and basic information of the defendant; The second is to review the procedural issues of the case, such as whether to file a case and whether to suspend the trial; The third is to decide the specific matters of the case, such as whether to open the trial and whether to appoint a defender; The fourth is to explain the reasons for the ruling, including the applicable legal basis, facts and evidence; The fifth is the verdict, that is, the decision to handle the case. The judgment mainly includes the following aspects: first, it describes the basic situation of the case, including the name of the case, the case number and the basic situation of the defendant; The second is to identify the facts of the case, including the time, place, means and result of the crime; The third is to determine the criminal responsibility of the defendant, including whether it constitutes a crime, the nature and circumstances of the crime, etc. The fourth is to determine the punishment for the defendant, including the type of punishment, term of imprisonment, fines, etc. The fifth is to explain the reasons for the judgment, including the applicable legal basis, facts and evidence; Sixth, explain the right of appeal and the time limit for execution.
Thirdly, from the perspective of legal effect, criminal rulings and judgments have different legal effects. Criminal adjudication is mainly to make decisions on procedural issues, and its legal effect is mainly reflected in the impact on the trial process of the case. For example, the decision not to file a case means that the case will no longer enter the trial process; The decision to suspend the trial refers to the temporary suspension of the case and the resumption of the trial when conditions are met. Judgment is mainly about making decisions on substantive issues, and its legal effect is mainly reflected in the actual impact on the rights and obligations of the defendant. For example, for a guilty verdict, the defendant needs to bear criminal responsibility and accept criminal punishment; For the acquittal, the defendant does not need to bear criminal responsibility and can return to normal life.
In addition, in practice, there are some other differences between criminal adjudication and judgment. For example, criminal rulings are usually signed by members of the collegiate bench, while judgments are signed by the presiding judge or the sole judge; A criminal ruling can be made many times during the trial, but the judgment is usually only once; Criminal rulings can be written or oral, and judgments must be written.
To sum up, there are some differences between criminal adjudication and judgment in definition, content and legal effect. Understanding these differences is helpful to better understand and apply these two legal documents and safeguard their legitimate rights and interests. In real life, if you encounter criminal cases, it is suggested to seek the help of professional lawyers in time in order to better handle legal problems. At the same time, we should actively learn legal knowledge, improve the awareness of the rule of law, and contribute to building a socialist country ruled by law.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 302
If the sentence is pronounced in court, it shall be served within five days. If a sentence is pronounced regularly, the time and place of the sentence shall be announced in advance before the sentence is pronounced, and the parties concerned shall be summoned to inform the public prosecutor, legal representative, defender and agent ad litem; After the judgment is pronounced, it shall be served immediately.