The court record, also known as court record or trial record, is an indispensable written material for the court to adjudicate cases. It is a written record made by the clerk, which reflects the real situation of all the trial activities carried out at the same time during the court trial.
First, the format of criminal trial transcripts
The criminal case record shall be in accordance with the actual court record.
Second, who is under the jurisdiction of criminal cases?
Article 19 of the Criminal Procedure Law stipulates that the basic people's courts shall have jurisdiction over ordinary criminal cases of first instance, except those that are under the jurisdiction of the people's courts at higher levels according to this law. It can be seen from this provision that the grass-roots people's courts in China are the grass-roots trial levels of ordinary criminal cases of first instance, and ordinary criminal cases of first instance are under the jurisdiction of the grass-roots people's courts in principle.
Article 20 of the Criminal Procedure Law stipulates that the Intermediate People's Court shall have jurisdiction over the following criminal cases of first instance:
(1) Criminal cases endangering national security;
(2) Ordinary criminal cases that may be sentenced to life imprisonment or death penalty;
(3) Criminal cases of crimes committed by foreigners.
Article 2 1 of the Criminal Procedure Law stipulates that criminal cases of first instance under the jurisdiction of the Higher People's Court are major criminal cases in the whole province (autonomous regions and municipalities directly under the Central Government). The Higher People's Court is the highest court among local people's courts at all levels, that is, the highest judicial organ of a province (autonomous region or municipality directly under the Central Government). Its main tasks are to hear appeals and protests against judgments of intermediate people's courts, review death penalty cases, approve cases in which execution of death penalty is suspended for two years, and supervise the trial work of lower people's courts in the whole province (autonomous regions and municipalities directly under the Central Government).
The criminal case of first instance under the jurisdiction of the Supreme People's Court is a major national criminal case. The Supreme People's Court is the highest judicial organ in the country. In addition to approving the death penalty, the criminal cases tried in first instance in the Supreme People's Court should be limited to extremely rare criminal cases with great influence and particularly serious nature and circumstances throughout the country. It is beneficial for the Supreme Court to concentrate on supervising and guiding the trial work of the national people's courts.
Three. Elements of criminal cases
(1) Time factor of crime;
(2) Elements of criminal space;
(three) the elements of the relevant personnel in the case;
(4) Elements of behavior related to the case;
(5) Elements related to the case.
Legal objectivity:
The evidence in Article 63 of the Civil Procedure Law of People's Republic of China (PRC) includes: (1) the statement of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Testimony of witnesses; (7) Appraisal opinions; (8) Records of the inquest. Evidence must be verified before it can be used as a basis for ascertaining facts.