1. In the trial of a criminal case, the judge will check the identity information of the defendant to see if it is the defendant himself. After that, the prosecutor will read the indictment, and the judge will ask the defendant whether the facts alleged in the indictment exist. Is the accusation established? "Wait, the defendant's criminal process and guilty attitude and other important details related to the case, and the important plot related to sentencing, the judge should verify and ask any specific questions, which requires the complexity of the case. After that, the prosecutor will ask the defendant questions about the case, and then the defender will ask the defendant questions again. In the final stage of the trial, it is the defendant's final statement, such as whether to plead guilty or not.
2. In civil cases, such as divorce cases, the judge will first ask the names and birth dates of the plaintiff and the defendant, and check the identity information of the parties and the information of the agent. He usually needs to make his own statement. After checking the identity information, the judge will ask the plaintiff to state the litigation request in court, and make clear what matters are there, whether there are any changes with the indictment, and whether it is required to supplement or modify the litigation request. Generally speaking, the divorce is decided, who will directly raise the children, how much the other party will pay for each month, how to divide the marital property and so on. After that, the defendant will be asked to express his opinions on the plaintiff's claim, such as whether to agree to divorce, what is the reason, and what opinions he has on child support and property division. After that, the judge will ask the plaintiff to give evidence first and explain the name, purpose and source of the evidence. Then the defendant will be asked to express cross-examination opinions on the evidence, whether to recognize the authenticity, legality and relevance of the evidence. Then the defendant began to give evidence, and the plaintiff cross-examined the evidence provided by the defendant. Finally, say it. The court is closed, the record is signed and the trial is over. Go back and wait for the court to decide.
To sum up, under normal circumstances, the identity information of the plaintiff and the defendant will be asked during the court session to check whether they are themselves, and then relevant questions will be asked according to the content of the court session. In the end, both sides will defend themselves. If there is no objection, the court can adjourn and wait for the final judgment.
Criminal Procedure Law of the People's Republic of China
Article 19 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.
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, 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.
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.
People's Republic of China (PRC) Civil Code
Article 1079
If one of the spouses requests a divorce, the relevant organizations may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.