First, the trial preparation stage
1, find out the identity of the parties.
2. Declare that the defendant is suspected of committing a crime; Announce the names of the members of the collegial panel and other participants (prosecutors and defenders); Inform and ask whether to apply for withdrawal;
3. Inform the parties and defenders of their rights.
Second, the court investigation stage
1, the prosecutor read the indictment; The judge asked the defendant whether what he read was consistent with what he received;
2. Interrogate the defendants separately.
If there are multiple defendants, the court will leave only one defendant for questioning and the other defendants will withdraw from the court. First of all, the defendant himself stated his opinions on the indictment. The prosecution and the defense cross-examined the defendant. The order of interrogation is public prosecutor, victim, plaintiff in incidental civil action, defender and agent ad litem. The judge can also interrogate the defendant.
Third, the stage of proof and cross-examination.
Public prosecutors and defenders shall present material evidence to the court for identification by the parties concerned. Documents as evidence, such as transcripts of testimony of witnesses who did not appear in court, expert conclusions of appraisers and transcripts of inquests, shall be read out in court. A judge shall listen to the opinions of the public prosecutor, parties, defenders and agents ad litem. During the court hearing, if the collegial panel has doubts about the evidence, it may announce an adjournment to investigate and verify the evidence. When investigating and verifying evidence, the people's court may conduct an inquest, inspection, seizure, appraisal, inquiry and freezing.
Fourth, the court debate
Verb (abbreviation for verb) The defendant's final statement.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 187 After the people's court decides to hold a hearing, it shall determine the members of the collegial panel and serve a copy of the indictment of the people's procuratorate to the defendant and his defender ten days before the hearing. Before the trial, the judge may convene the public prosecutor, the parties, the defenders and the agents ad litem to understand the issues related to the trial, such as withdrawal, the list of witnesses appearing in court, and the exclusion of illegal evidence, and listen to opinions. After the people's court determines the date of the hearing, it shall notify the people's procuratorate of the time and place of the hearing, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the trial. 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.
Article 190 When a trial is held, the presiding judge shall ascertain whether the parties are present in court and announce the cause of action. Announce the names of the members, clerks, prosecutors, defenders, agents ad litem, appraisers and translators of the collegial panel; Inform the parties that they have the right to apply for the withdrawal of members of the collegial panel, clerks, public prosecutors, appraisers and translators; Inform the defendant of his right to defense. If the defendant pleads guilty and admits punishment, the presiding judge shall inform the defendant of his litigation rights and the legal provisions of pleading guilty and admitting punishment, and examine the voluntariness of his confession and the authenticity and legality of his confession.
Article 191 After the public prosecutor reads out the indictment in court, the defendant and the victim may make statements about the crimes charged in the indictment, and the public prosecutor may interrogate the defendant. The victim, plaintiff, defender and agent ad litem of an incidental civil action may, with the permission of the presiding judge, put questions to the defendant. The judge can interrogate the defendant.
Article 192 The public prosecutor, the parties, their defenders and agents ad litem have objections to the witness testimony, which has a great influence on the conviction and sentencing of the case. If the people's court deems it necessary for the witness to testify in court, the witness shall testify in court. The provisions of the preceding paragraph shall apply to the people's police who testify in court and testify about the criminal acts they witnessed while performing their duties. If the public prosecutor, the parties, the defenders and the agents ad litem have objections to the expert opinion, and the people's court deems it necessary for the expert to appear in court, the expert shall testify in court. If the appraiser refuses to testify in court after being notified by the people's court, the appraisal opinion shall not be used as the basis for finalizing the case.
Article 198 During the court hearing, all facts and evidence related to conviction and sentencing shall be investigated and debated. With the permission of the presiding judge, the public prosecutor, the parties, defenders and agents ad litem may express their opinions on the evidence and the case, and may argue with each other. After the presiding judge announces the end of the debate, the defendant has the right to make a final statement.