1, in chronological order of criminal acts;
2. The collegial panel shall, according to the importance of the facts of the case, guide the public prosecutor to arrange the order of proof according to the nature and status of the facts of the case;
3, according to the causal relationship between the facts of the case;
4, according to * * * and the defendant's primary and secondary position in the crime;
5. Give evidence according to whether the defendant pleaded not guilty or not.
The order of cross-examination is as follows:
1. The plaintiff produces evidence, and the defendant and the third party cross-examine with the plaintiff;
2. The defendant produces evidence, and the plaintiff and the third party cross-examine the defendant;
3. The third party produces evidence, and the plaintiff and defendant cross-examine with the third party.
According to the provisions of the Criminal Procedure Law, the judicial interpretation of the Criminal Procedure Law and the rules of court investigation, the steps and procedures of the proof and cross-examination procedures are as follows:
1, general rules of proof and cross-examination.
(1) Basic order of proof and cross-examination.
(2) court prompt and trial.
(3) Review the legality of evidence collection.
(4) Distinguish the types of evidence for proof and cross-examination.
2. Various evidences.
(1) Best evidence principle. Physical evidence, documentary evidence, audio-visual materials, electronic data and other evidence, should produce the original, the original.
(2) Proof and proof object. When presenting evidence, the prosecution and the defense should focus on the contents related to the facts of the case or the contents disputed by the prosecution and the defense.
(3) produce written oral evidence.
(4) The technical investigation evidence proves that. Evidence collected by technical investigation measures shall be presented in court.
3, evidence doubt and objection handling procedures.
(1) If the court has doubts about the evidence, it may inform the prosecution and the defense to supplement the evidence or make explanations; When necessary, an adjournment can be announced after the investigation of other evidence is completed to investigate and verify the evidence. When the court investigates and verifies the evidence, it may notify both the prosecution and the defense to be present and record the verification process.
(2) The evidence supplemented by the prosecution and the defense and obtained through out-of-court investigation and verification shall be cross-examined in court before it can be used as the basis for finalizing the case.
(3) If both the prosecution and the defense apply to produce evidence that has not been transferred or submitted to the people's court before the court session, and the other party objects, the applicant shall explain the reasons. If the court considers that the reason is established after examination and it is really necessary to show it, it shall allow it.
(4) During the court hearing, if both the prosecution and the defense apply for notifying new witnesses to appear in court, obtaining new evidence, and applying for re-appraisal or inquest, they shall provide the basic information of the witnesses, the place where the evidence is stored, and explain the facts of the case to be proved and the reasons for requesting re-appraisal or inquest.
4. Court investigation of sentencing facts. In addition to examining whether the defendant has statutory sentencing circumstances, the court shall also examine the following circumstances that affect sentencing according to the circumstances of the case:
(1) the cause of the case;
(2) whether the victim is at fault and the degree of fault, whether he is responsible for the intensification of contradictions and the size of the responsibility;
(3) Whether the close relatives of the defendant assisted in the capture of the defendant;
(4) Defendants usually show no regrets;
(5) Returning stolen goods and making restitution;
(6) Whether the defendant has obtained the understanding of the victim or his close relatives;
(seven) other circumstances that affect sentencing.
During the trial, if the defendant and his defender put forward the statutory sentencing circumstances such as surrender, confession and meritorious service, or the people's court finds that the defendant may have the above statutory sentencing circumstances, but there is no relevant evidence in the file obtained by the people's procuratorate, it shall notify the people's procuratorate to obtain it.
5. Other issues.
(1) When hearing a case in public, the court shall stop the presentation of evidence involving state secrets, commercial secrets or personal privacy.
(2) During the trial, if the public prosecutor finds that the case needs supplementary investigation and proposes to postpone the trial, the court may agree, but it is suggested that the trial be postponed for no more than two times.
(3) The people's court shall notify the people's procuratorate to obtain evidence materials that need to be verified, or, upon the application of the defendant and his defenders, obtain evidence materials about the defendant's innocence or light crime collected in the process of investigation, examination and prosecution.
legal ground
Article 51 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that the burden of proof of the defendant's guilt in a public prosecution case shall be borne by the people's procuratorate, and the burden of proof of the defendant's guilt in a private prosecution case shall be borne by the private prosecutor.
Article 195 A public prosecutor and a defender shall present material evidence to the court for the parties to identify. Evidence materials such as witness testimony transcripts, expert opinions of appraisers, and inspection transcripts that have not appeared in court shall be read out in court. A judge shall listen to the opinions of the public prosecutor, parties, defenders and agents ad litem.