(1) hearing
Opening a court session is the beginning of a court trial, and its task is to make procedural preparations for completing the substantive trial.
(2) court investigation
Court investigation is the core stage of court trial. At this stage, the collegial panel, with the participation of the public prosecutor, the parties, the defenders and the agents, should present and cross-examine the evidence, investigate the evidence in court, find out the facts of the case comprehensively, and provide factual basis for the court to make a correct judgment.
(3) Court debate
Court debate is a litigation activity in which the accused and the defendant put forward their opinions and reasons on the probative force of evidence, whether the defendant is guilty, what crime he committed, the severity of the crime, whether he should be punished and how to punish it under the auspices of the presiding judge, and conduct face-to-face argumentation and rebuttal in court. Court debate is not only the activity of the prosecution to expose and prove the crime, but also the activity of the defense to refute the accusation and safeguard the legitimate rights and interests of the defendant. The deeper the debate, the more conducive it is for the court to conduct a comprehensive analysis and judgment of the case, and it is easier for the audience to understand the truth and context of the case.
(4) the defendant's final statement
The defendant's final statement refers to the defendant's final defense and final statement on the alleged crime at the end of the court trial. This is an important right given to the defendant by law. Procedurally speaking, it is an independent litigation link tried by the court. The defendant is a party to the case, and the judgment of the case is related to the vital interests of the defendant. Before making a judgment, giving him another chance to make a statement and listen to his opinions on the case can not only make the defendant state his opinions independently and completely, but also strengthen the impression of the collegial panel on the defense, and can also make up for the lack of defense in court investigation and court debate. This is of great significance for the court to accurately identify the facts of the case and correctly apply the law.
(5) Appraisal and trial
After the defendant's final statement, the presiding judge shall announce an adjournment for deliberation by the collegial panel. The collegial panel review is a litigation activity in which all members of the collegial panel discuss, evaluate and make decisions on the determination of case facts and the application of law. The task of appraisal is to identify the facts of the case according to the evidence presented and make a decision on the handling of the case, including the handling of incidental civil actions and stolen money.
According to the provisions of China's civil procedure law, civil litigation is the system of second instance, and the result of the second instance is final, so there is no third instance. The defendant thinks that the judgment passed in the second instance is wrong.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 151 After the people's court decides to hold a hearing, it shall carry out the following work:
(a) to determine the members of the collegial panel;
(2) A copy of the indictment of the people's procuratorate shall be served on the defendant at least ten days before the court session. If the defendant fails to entrust a defender, he shall be informed that he can entrust a defender, and if necessary, he may appoint a lawyer who undertakes the obligation of legal aid to defend him;
(3) Notify the people's procuratorate of the time and place of the court session three days before the court session;
(4) Summon the parties and notify the defenders, agents ad litem, witnesses, expert witnesses and translators, and the summons and notice shall be delivered at least three days before the court session;
(5) For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session. The above activities shall be recorded in the record and signed by the judges and the clerk.