1. After the people's court has examined the case in which public prosecution was initiated, if the criminal facts alleged in the indictment are clear, it shall decide to hold a hearing.
1. 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 at least ten days before the hearing.
2. Before the hearing, the judge may convene the public prosecutor, the parties, the defenders and the agents ad litem to learn about the situation and listen to opinions on issues related to the hearing, such as withdrawal, the list of witnesses appearing in court and the exclusion of illegal evidence.
3. 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 court session.
4. For a case to be heard 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. The above activities shall be recorded in the record and signed by the judges and the clerk.
5. The people's court tried cases of first instance in public. However, cases involving state secrets or personal privacy shall not be heard in public; Cases involving commercial secrets may be heard in private upon the application of the parties.
For cases that are not heard in public, the reasons for not hearing in public shall be announced in court.
6. When the people's court hears a case of public prosecution, the people's procuratorate shall send personnel to appear in court to support the public prosecution.
Two, the trial, the presiding judge to find out whether the parties appear in court, announced 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.
1. After the public prosecutor reads the indictment in court, the defendant and the victim can make statements about the crimes accused in the indictment, and the public prosecutor can interrogate the defendant.
2. With the permission of the presiding judge, victims, plaintiffs, defenders and agents ad litem in incidental civil actions may ask questions to the defendant.
The judge can interrogate the defendant.
4. The public prosecutor, the parties, the defenders and the agents ad litem have objections to the witness testimony, which has great influence on the conviction and sentencing of the case. If the people's court considers it necessary for the witness to testify in court, the witness shall testify in court.
5. 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.
6. If the public prosecutor, the party concerned or the defender or the agent ad litem have objections to the expert opinion, and the people's court considers 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.
7. After being notified by the people's court, if a witness fails to testify in court without justifiable reasons, the people's court may compel him to appear in court, except the defendant's spouse, parents and children.
8. A witness who refuses to appear in court without justifiable reasons or refuses to testify after appearing in court shall be admonished. If the circumstances are serious, with the approval of the dean, he shall be detained for less than ten days. If the punished person refuses to accept the detention decision, he may apply to the people's court at the next higher level for reconsideration. Execution shall not be suspended during reconsideration.
9. When a witness testifies, the judge shall inform him of his legal responsibility for truthfully providing testimony and intentionally perjury or concealing criminal evidence. Public prosecutors, parties, defenders and agents ad litem may, with the permission of the presiding judge, put questions to witnesses and expert witnesses. When the presiding judge thinks that the content of the question is irrelevant to the case, he shall stop it.
10. A judge may question witnesses and expert witnesses.
1 1. The public prosecutor and the defender shall present the material evidence to the court for the identification of the parties concerned, and the documents as evidence, such as the testimony of witnesses who did not appear in court, the appraisal conclusion of appraisers, and the record 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.
3. During the court hearing, if the collegial panel has doubts about the evidence, it may announce an adjournment to investigate and verify the evidence.
1. When investigating and verifying evidence, the people's court may conduct an inquest, inspection, seizure, appraisal, inquiry and freezing.
2. During the court hearing, the parties, defenders and agents ad litem have the right to apply for notifying new witnesses to appear in court, for obtaining new material evidence and for re-appraisal or inspection.
3. The public prosecutor, the parties, the defenders and the agents ad litem may apply to the court to notify people with specialized knowledge to appear in court and express their opinions on the expert opinions.
4. The court shall make a decision on whether to approve the above application.
5. When a person with specialized knowledge appears in court, the relevant provisions of the appraiser shall apply.
6. During the court hearing, the facts and evidence related to conviction and sentencing shall be investigated and debated.
7. 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.
8. After the presiding judge announces the end of the debate, the defendant has the right to make a final statement.
Four, in the process of court hearing, if the participants in the proceedings or observers violate the court order, the presiding judge should give a warning to stop. Those who do not listen to the stop can be forcibly taken out of the court; If the circumstances are serious, a fine of less than 1,000 yuan or detention of less than 15 days shall be imposed. Fines and detentions must be approved by the President. If the punished person refuses to accept the decision on fine or detention, he may apply to the people's court at the next higher level for reconsideration. Execution shall not be suspended during reconsideration.
1. Whoever gathers people to make trouble, attacks the court or insults, slanders, threatens or beats judicial personnel and participants in the proceedings, thus seriously disrupting the court order and constituting a crime, shall be investigated for criminal responsibility according to law.
2. After the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel made the following judgment after deliberation based on the facts, evidence and relevant laws and regulations that have been ascertained:
(1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made;
(3) If the defendant cannot be found guilty due to insufficient evidence, a verdict of acquittal shall be made because the accused crime cannot be established due to insufficient evidence.
The verdict was announced publicly.
3. If the verdict is pronounced in court, it shall be served on the parties and the people's procuratorate that initiated the public prosecution within five days; If the sentence is pronounced on a regular basis, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement. The written judgment shall be served on the defender and the agent ad litem.
4. The written judgment shall be signed by judges and clerks, and the time limit for appeal and the court of appeal shall be specified.
5. During the court hearing, if one of the following circumstances affects the trial, the trial may be postponed:
(1) It is necessary to notify a new witness to appear in court, obtain new material evidence, re-evaluate or conduct an inquest;
(two) prosecutors found that the case of public prosecution needs supplementary investigation and put forward suggestions;
(3) The trial cannot be conducted due to the application for withdrawal.
6. The people's procuratorate shall complete the supplementary investigation within one month if the prosecutor finds that the case of public prosecution needs supplementary investigation and puts forward suggestions, and therefore postpones the trial.
7. In the course of a trial, if one of the following circumstances makes it impossible for the presiding judge to continue for a long time, the trial may be suspended:
(1) The defendant is seriously ill and cannot appear in court;
(2) The defendant escaped;
(3) The private prosecutor is unable to appear in court due to serious illness, and has not entrusted an agent ad litem to appear in court;
(4) Due to irresistible reasons.
8. After the reasons for suspending the trial disappear, the trial shall be resumed. The time limit for suspending the trial is not counted in the trial time limit.
9. All court proceedings shall be written by the court clerk and signed by the presiding judge and the court clerk after being examined by the presiding judge.
10. The witness testimony in the court record shall be read out in court or handed over to the witness for reading. After the witness admits that it is correct, he shall sign or seal it.
1 1. The court record shall be handed over to or read out to the parties concerned. If the parties consider that there are omissions or errors in the records, they may request supplements or corrections. After the parties admit that it is correct, they shall sign or seal it.
Five, the people's court to hear a case of public prosecution, should be sentenced within two months after accepting, not more than three months at the latest. For a case that may be sentenced to death or an incidental civil lawsuit, it may be extended for three months with the approval of the people's court at the next higher level under any of the circumstances stipulated in Article 156 of the Criminal Procedure Law; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
1. If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case.
2, the people's Procuratorate supplementary investigation of the case, after the supplementary investigation to the people's court, the people's court to re calculate the trial period.
3. When the people's procuratorate finds that the people's court violates the legal proceedings, it has the right to put forward rectification opinions to the people's court.