Legal analysis
According to the relevant laws and regulations, the court must notify the victim to open the court session unless the victim himself is unwilling to come. Moreover, in some cases of sexual assault, the court will pay special attention to protecting the privacy and the right to appear in court of the victim. The relevant laws and regulations in the Supreme People's Court and the Supreme People's Procuratorate mentioned that when the people's court hears a case, in accordance with the provisions of the Criminal Procedure Law, if the victim is willing to appear in court to ask questions, testify or speak to the defendant, he may notify the victim to appear in court; If the victim is unwilling to appear in court, he may not be notified to appear in court. Whether the victim is willing to appear in court to exercise his litigation rights and fulfill his obligation to testify, the people's court shall solicit the opinions of the victim before the court session and inform the people's procuratorate that initiated the public prosecution of the opinions of the victim. If the court fails to notify the victim in violation of legal procedures and the victim refuses to accept the judgment of first instance, the victim may, within five days after receiving the judgment, request the people's procuratorate to lodge a protest on the grounds that the procedure is illegal. After receiving the request of the victim and his legal representative, the people's procuratorate shall make a decision on whether to protest within five days and reply to the request.
legal ground
Article 67 and Article 110 of the Decision of the National People's Congress on Amending the Criminal Procedure Law of People's Republic of China (PRC) are changed into Article 151, and the second item is amended as: "(2) A copy of the indictment of the people's procuratorate shall be delivered to the defendant ten days before the court session at the latest. If the defendant fails to entrust a defender, he shall be informed that he can entrust a defender or, if necessary, appoint a lawyer who undertakes the obligation of legal aid to defend him. " Item 5 is amended as: "(5) For a case tried in public, the cause of action, the name of the defendant, the time and place of the hearing shall be announced in advance three days before the hearing."