Legal analysis: The final decision is a matter for the procuratorate, but ultimately it will be decided by the court according to the nature of the case. Of course, the procuratorate can also lodge a protest against the judgment, but the second trial is still in the hands of the court, that is, the court has the final say. When the procuratorate puts forward opinions on public prosecution, it may put forward suggestions on sentencing to the defendant. When sentencing, the court should study whether the sentencing suggestion of the procuratorate is appropriate, but the court is not bound by the sentencing suggestion.
Legal basis: Article 24 1 of the Interpretation of the Supreme Court on the Application of the Criminal Procedure Law. Under the auspices of the presiding judge, the defendant and the victim may separately state the criminal facts alleged in the indictment.