1. What are the applicable conditions of summary procedure?
1。 In a public prosecution case that may be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a single fine according to law, the facts are clear and the evidence is sufficient, and the procuratorate suggests or agrees to apply summary procedures.
The Opinions on the Application of Summary Procedure in the Trial of Public Prosecution Cases (hereinafter referred to as the Opinions) issued by the Supreme Law, the Supreme People's Procuratorate and the Ministry of Justice stipulates that summary procedure can be applied to the trial of public prosecution cases in the following circumstances:
(1) The facts are clear and the evidence is sufficient;
(2) The defendant and the defender have no objection to the alleged basic criminal facts;
(3) He may be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a single fine according to law;
(4) A public prosecution case that may be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine only refers to a case in which the defendant is charged with one or more crimes and may be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine only;
(5) If the defendant in a public prosecution case can be exempted from criminal punishment, the people's court may apply summary procedure.
2。 A case that was handled after the complaint was filed.
3。 A minor criminal case prosecuted by the victim with evidence.
Second, the summary procedure is not applicable.
Summary procedure is not applicable under any of the following circumstances:
1。 More complicated cases of * * * same crime;
2。 The defendant is blind, deaf or dumb;
3。 The defendant or defender argues that he is not guilty;
4。 Other circumstances in which summary procedure is not applicable.
Third, how to apply criminal summary procedure.
(a) the applicable court
The criminal procedure law does not clearly stipulate the court where the summary procedure applies. However, judging from the provisions of Articles 147 and 174 of the Criminal Procedure Law that "the cases in which the summary procedure is applied in the grass-roots people's courts can be tried by a single judge" and "the cases in which the summary procedure is applied can be tried by a single judge", only the grass-roots people's courts can apply the summary procedure, which is above the intermediate level. As for whether the dispatched court of the grass-roots people's court can apply summary procedure to try criminal cases, because the criminal procedure law does not give the people's court the authority given by the civil procedure law, the dispatched court of the grass-roots people's court cannot apply summary procedure to try criminal cases.
(two) the applicable trial level
According to the provisions of the Criminal Procedure Law, criminal summary procedure is only applicable to the first instance of the first instance procedure. That is to say, in a case tried by summary procedure, after the first instance, the defendant refuses to accept the appeal, or the people's procuratorate protests, and the facts of the first instance are unclear in the second instance procedure, and it is sent back to the people's court of first instance for retrial. Although the case is still being tried in the second instance according to the procedure of first instance, the summary procedure shall not be applied again, and a collegial panel shall be re-formed according to law. As for the procedure of second instance, the procedure of death penalty review and the procedure of trial supervision are even less applicable to summary procedure. Because these procedures are set up to correct some mistakes in the first or second instance or to ensure the quality of death penalty cases, their legal nature and tasks determine that summary procedures cannot be applied.
In fact, it is the scope of application of summary procedure. In the trial of criminal cases, if it is the first trial, summary procedure can be applied, and if it is the second trial or retrial, it can only be tried by ordinary procedure. In the first instance, if it is not within the prescribed scope, it is naturally impossible to pass the summary procedure.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 2 14 of the Criminal Procedure Law of People's Republic of China (PRC).
A case under the jurisdiction of the basic people's court may be tried by summary procedure if it meets the following conditions:
(1) The facts of the case are clear and the evidence is sufficient;
(2) The defendant admits his crime and has no objection to the alleged criminal facts;
(3) The defendant has no objection to the application of summary procedure.
When a people's procuratorate brings a public prosecution, it may suggest that the people's court apply summary procedure.