Part III Trials and Judgments
Chapter I Trial Organization
Article 147 When trying cases of first instance, the basic people's courts and the intermediate people's courts shall be composed of three judges or a collegiate bench composed of three judges and people's jurors. However, a case tried by a grass-roots people's court through summary procedure may be tried by a single judge.
When the Higher People's Court and the Supreme People's Court try cases of first instance, they shall be composed of three to seven judges or three to seven judges and people's jurors.
People's jurors enjoy the same rights as judges when performing their duties in the people's courts.
When trying cases of appeal and protest, the people's court shall be composed of three to five judges.
The number of members of the collegial panel shall be odd.
The collegial panel shall be presided over by a judge appointed by the president or the president. When the president or the presiding judge participates in the trial of a case, he shall personally serve as the presiding judge.
Article 148 When the collegial panel deliberates, if there are different opinions, it shall make a decision according to the opinions of the majority, but the opinions of the minority shall be recorded in the record. The appraisal record shall be signed by the members of the collegial panel.
Article 149 After hearing and deliberation, the collegial panel shall make a judgment. For difficult, complicated and important cases, if the collegial panel considers it difficult to make a decision, it shall submit it to the president for decision and the judicial committee for discussion and decision. The collegial panel shall implement the decision of the judicial committee.
Chapter II Procedure of First Instance
Section 1 Cases of Public Prosecution
Article 150 After examining a case in which a public prosecution has been initiated, if the facts of the crime alleged in the indictment are clear, and a list of evidence, a list of witnesses and copies or photos of the main evidence are attached, the people's court shall order a hearing.
Article 151 After the people's court decides to hold a hearing, it shall carry out the following work:
(a) to determine the members of the collegial panel;
(2) A copy of the indictment of the people's procuratorate shall be served on the defendant at least ten days before the court session. If the defendant fails to entrust a defender, he shall be informed that he can entrust a defender, and if necessary, he may appoint a lawyer who undertakes the obligation of legal aid to defend him;
(3) Notify the people's procuratorate of the time and place of the court session three days before the court session;
(4) Summon the parties and notify the defenders, agents ad litem, witnesses, expert witnesses and translators, and the summons and notice shall be delivered at least three days before the court session;
(5) For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session.
The above activities shall be recorded in the record and signed by the judges and the clerk.
Article 152 The people's courts shall hear cases of first instance in public. However, cases involving state secrets or personal privacy shall not be heard in public.
Cases of crimes committed by minors over the age of 14 but under the age of 16 shall not be heard in public. /kloc-cases of crimes committed by minors over 0/6 and under 0/8 are generally not heard in public.
For cases that are not heard in public, the reasons for not hearing in public shall be announced in court.
Article 153 When a people's court hears a case of public prosecution, the people's procuratorate shall send personnel to appear in court to support the public prosecution. However, if the summary procedure is applied in accordance with the provisions of Article 175 of this Law, the people's procuratorate may not send personnel to appear in court.
Article 154 At the hearing, the presiding judge shall ascertain whether the parties appear in court and announce the cause of action. Announce the names of the members, clerks, prosecutors, defenders, agents ad litem, appraisers and translators of the collegial panel; Inform the parties that they have the right to apply for the withdrawal of members of the collegial panel, clerks, public prosecutors, expert witnesses and translators; Inform the defendant of his right to defense.
Article 155 After the public prosecutor reads out the indictment in court, the defendant and the victim may make statements about the crimes charged in the indictment, and the public prosecutor may 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 156 When a witness testifies, the judge shall inform him of the legal responsibilities he should bear for truthfully providing testimony and intentionally perjury or concealing criminal evidence. Public prosecutors, parties, defenders and agents ad litem may, with the permission of the presiding judge, put questions to witnesses and expert witnesses. When the presiding judge thinks that the content of the question is irrelevant to the case, he shall stop it.
A judge may question witnesses and expert witnesses.
Article 157 The public prosecutor and defender shall present the material evidence to the court for the parties to identify, and the documents as evidence, such as the testimony transcripts of witnesses who did not appear in court, expert conclusions of appraisers, and transcripts of inquests, shall be read out in court. A judge shall listen to the opinions of the public prosecutor, parties, defenders and agents ad litem.
Article 158 During the court hearing, if the collegial panel has doubts about the evidence, it may announce an adjournment to investigate and verify the evidence.
When investigating and verifying evidence, the people's court may conduct an inquest, inspection, seizure, appraisal, inquiry and freezing.
Article 159 During the court hearing, the parties, their defenders and agents ad litem have the right to apply for notifying new witnesses to appear in court, to apply for obtaining new material evidence, and to apply for re-appraisal or inspection.
The court shall make a decision on whether to approve the above application.
Article 160 With the permission of the presiding judge, the public prosecutor, the parties, defenders and agents ad litem may express their opinions on the evidence and the case, and may argue with each other. After the presiding judge announces the end of the debate, the defendant has the right to make a final statement.
Article 161 In the course of a court hearing, the presiding judge shall give a warning and stop any participant or observer who violates the court order. Those who do not listen to the stop can be forcibly taken out of the court; If the circumstances are serious, a fine of less than 1,000 yuan or detention of less than 15 days shall be imposed. Fines and detentions must be approved by the President. If the punished person refuses to accept the decision on fine or detention, he may apply to the people's court at the next higher level for reconsideration. Execution shall not be suspended during reconsideration.
Whoever gathers people to make trouble, attacks the court or insults, slanders, threatens or beats judicial personnel and participants in the proceedings, thus seriously disrupting the court order and constituting a crime, shall be investigated for criminal responsibility according to law.
Article 162 After the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel made the following judgments after deliberation based on the facts, evidence and relevant laws and regulations that have been ascertained:
(1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made:
(3) If the defendant cannot be found guilty due to insufficient evidence, a verdict of acquittal shall be made because the accused crime cannot be established due to insufficient evidence.
Article 163 A judgment shall be publicly announced.
If a verdict is pronounced in court, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution within five days; If the sentence is pronounced on a regular basis, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement.
Article 164 The written judgment shall be signed by the members of the collegial panel and the clerk, and shall specify the time limit for appeal and the court of appeal.
Article 165 In the course of a court hearing, if one of the following circumstances affects the trial, the trial may be postponed:
(1) It is necessary to notify a new witness to appear in court, obtain new material evidence, re-evaluate or conduct an inquest;
(two) prosecutors found that the case of public prosecution needs supplementary investigation and put forward suggestions;
(3) The trial cannot be conducted because the parties apply for withdrawal.
Article 166 The People's Procuratorate shall complete the supplementary investigation of a case postponed in accordance with the provisions of the second paragraph of Article 165 of this Law within one month.
Article 167 All court trial activities shall be written by the court clerk, examined by the presiding judge and signed by the presiding judge and the court clerk.
The witness testimony part of the court record shall be read out in court or handed over to the witness for reading. After the witness admits that it is correct, he shall sign or seal it.
The court records shall be handed over to or read out to the parties concerned. If the parties consider that there are omissions or errors in the records, they may request supplements or corrections. After the parties admit that it is correct, they shall sign or seal it.
Article 168 When trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, but no later than one and a half months. Under any of the circumstances specified in Article 126 of this Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government.
If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case.
The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.
Article 169 The people's procuratorate has the right to put forward rectification opinions to the people's court when it finds that the people's court has violated legal procedures in handling cases.
Section 2 Cases of Private Prosecution
170th cases of private prosecution include the following cases:
(a) inform the handling situation;
(2) Minor criminal cases proved by the victim;
(3) Cases in which the victim has evidence to prove that the defendant has infringed upon his personal and property rights and should be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorate will not investigate the criminal responsibility of the defendant.
Article 171 After examining a case of private prosecution, the people's court shall handle it separately according to the following circumstances:
(1) A case with clear criminal facts and sufficient evidence shall be heard in court;
(2) In a case of private prosecution lacking criminal evidence, if the private prosecutor cannot provide supplementary evidence, he shall persuade the private prosecutor to withdraw the private prosecution or make a ruling to dismiss it.
If the private prosecutor refuses to appear in court without justifiable reasons after being summoned twice according to law, or withdraws from court without the permission of the court, it shall be treated as withdrawal.
In the course of court hearing, if the judges have doubts about the evidence and need to investigate and verify it, the provisions of Article 158 of this Law shall apply.
Article 172 A people's court may mediate a case of private prosecution. Before the verdict is pronounced, the private prosecutor may reconcile with the defendant or withdraw the private prosecution. Mediation is not applicable to cases specified in the third paragraph of Article 170 of this Law.
Article 173 A defendant in a case of private prosecution may file a counterclaim against the private prosecutor during the proceedings. Counterclaim is subject to the provisions of private prosecution.
Section 3 Summary Procedure
Article 174 A people's court may apply summary procedure to the following cases, and a judge shall be the sole judge:
(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 people's procuratorate suggests or agrees to apply the summary procedure;
(2) Cases handled only after being informed;
(3) Minor criminal cases prosecuted by the victim with evidence.
Article 175 When a case of public prosecution is tried by summary procedure, the people's procuratorate may not send its personnel to appear in court. The defendant may state and defend the crimes charged in the indictment. If the people's procuratorate sends personnel to appear in court, the defendant and his defenders may argue with the public prosecutor with the permission of the judges.
Article 176 When a case of private prosecution is tried by summary procedure, after the indictment is read out, the defendant and his defender may argue with the private prosecutor and his agent ad litem with the permission of the judge.
Article 177 The application of summary procedure to the trial of a case is not restricted by the provisions of the first section of this chapter concerning interrogation of the defendant, questioning of witnesses and expert witnesses, presentation of evidence and court debate. However, before sentencing, the defendant's final statement should be heard.
Article 178 When a case is tried by summary procedure, the people's court shall conclude the case within 20 days after accepting it.
Article 179 If a people's court finds it inappropriate to apply summary procedure when trying a case, it shall retry the case in accordance with the provisions of Section 1 or Section 2 of this chapter.
Chapter III Procedure of Second Instance
Article 180 The defendant, the private prosecutor and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of the local people's courts at various levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant.
The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels.
The defendant shall not be deprived of the right to appeal under any pretext.
Article 181 When local people's procuratorates at various levels think that the judgment or ruling of the people's court at the same level of first instance is indeed wrong, they shall lodge a protest with the people's court at the next higher level.
Article 182 If the victim or his legal representative refuses to accept the judgment of first instance of the local people's courts at all levels, he has the right to request the people's procuratorate to lodge a protest within five days after receiving the judgment. After receiving the request of the victim and his legal representative, the people's procuratorate shall make a decision on whether to protest within five days and reply to the request.
Article 183 The time limit for an appeal or protest against a judgment is ten days, and that for an appeal or protest against a ruling is five days, counting from the day after the judgment or ruling is received.
Article 184 If the defendant, the private prosecutor, the plaintiff in an incidental civil action and the defendant appeal through the people's court of first instance, the people's court of first instance shall, within three days, transfer the appeal to the people's court at the next higher level together with the case file and evidence, and at the same time send a copy of the appeal to the people's procuratorate at the same level and the other party.
If the defendant, private prosecutor, plaintiff and defendant in incidental civil action directly appeal to the people's court of second instance, the people's court of second instance shall send the appeal to the people's court that originally tried the case within three days, and send a copy to the people's procuratorate at the same level and the other party.
Article 185 Local people's procuratorates at all levels shall lodge a protest against the judgment or ruling of first instance of the people's court at the same level through the people's court that originally tried the case, and send a copy of the protest to the people's procuratorate at the next higher level. The people's court that originally tried the case shall transfer the protest together with the case file and evidence to the people's court at the next higher level and send a copy of the protest to the parties. If the people's procuratorate at a higher level thinks that the protest is improper, it may withdraw the protest from the people's court at the same level and notify the people's procuratorate at a lower level.
Article 186 The people's court of second instance shall conduct a comprehensive review of the facts ascertained in the judgment of first instance and the applicable laws, and shall not be limited by the scope of appeal or protest.
* * * If only some defendants appeal in the same criminal case, the whole case shall be examined and handled together.
Article 187 A people's court of second instance shall form a collegial panel when trying an appeal case. After reading the papers, interrogating the defendant and listening to the opinions of other parties, defenders and agents ad litem, the collegial panel may not hold a hearing if the facts are clear. The people's court of second instance shall hold a hearing on the case protested by the people's procuratorate.
The people's court of second instance may hear an appeal or protest case in the place where the case occurred or in the people's court that originally tried the case.
Article 188 The people's procuratorate at the same level shall send personnel to appear in court for cases protested by the people's procuratorate and cases of public prosecution tried by the people's court of second instance. The people's court of second instance must notify the people's procuratorate to consult the file ten days before the opening of the court session.
Article 189 After hearing the case of appeal or protest against the judgment of first instance, the people's court of second instance shall handle it separately according to the following circumstances:
(a) the original judgment found the facts and applicable laws correct, and the sentence was appropriate, so the appeal or protest was rejected and the original judgment was upheld;
(two) the original judgment found that the facts were not wrong, but the applicable law was wrong, or the sentence was improper, and the judgment should be revised;
(3) If the facts in the original judgment are unclear or the evidence is insufficient, the judgment may be revised after the facts are ascertained; You can also make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for a new trial.
Article 190 The people's court of second instance shall not increase the punishment of the defendant when trying the case appealed by the defendant, his legal representative, defender or close relatives.
Where a people's procuratorate lodges a protest or a private prosecutor lodges an appeal, it shall not be restricted by the provisions of the preceding paragraph.
Article 191 If the people's court of second instance finds that the trial of the people's court of first instance violates one of the following legal procedures, it shall make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for a new trial:
(a) in violation of the provisions of this law on public trial;
(2) Violating the challenge system;
(3) depriving or restricting the legal litigation rights of the parties, which may affect the fair trial;
(4) The composition of the judicial organization is illegal;
(five) other violations of the law, which may affect the fair trial.
Article 192 For a case remanded for retrial, the people's court that originally tried it shall form a collegial panel to try it in accordance with the procedure of first instance. The judgment after retrial may be appealed or protested in accordance with the provisions of Articles 180, 181 and 182 of this Law.
Article 193 After examining the appeal or protest against the ruling of first instance, the people's court of second instance shall, with reference to the provisions of Articles 189, 191 and 192 of this Law, make an order to reject the appeal or protest, or to revoke or modify the original ruling.
Article 194 If the people's court of second instance remands the case to the people's court of first instance for retrial, the people's court of first instance shall recalculate the trial period from the date of receiving the remanded case.
Article 195 The procedure of the people's court of second instance in hearing cases of appeal or protest shall be implemented with reference to the provisions of the procedure of first instance, except as already provided in this chapter.
Article 196 When accepting an appeal or protest case, the people's court of second instance shall conclude the case within one month, but not more than one and a half months at the latest. Under any of the circumstances specified in Article 126 of this Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government, but the case of appeal or protest accepted by the Supreme People's Court shall be decided by the Supreme People's Court.
Article 197 The judgments and orders of second instance and the Supreme People's Court are final.
Article 198 The public security organs, people's procuratorates and people's courts shall properly keep the seized or frozen property of criminal suspects and defendants and the fruits thereof for verification. No unit or individual may misappropriate or dispose of it by itself. The lawful property of the victim shall be returned in time. Contraband or articles unsuitable for long-term preservation shall be disposed of in accordance with relevant state regulations.
Physical objects as evidence shall be transferred with the case. If it is not suitable for transfer, the list, photos or other supporting documents shall be transferred with the case.
After the judgment of the people's court takes effect, the seized and frozen money, goods and their fruits shall be confiscated and turned over to the state treasury, except those returned to the victim according to law.
Judicial personnel who embezzle, misappropriate or privately divide the seized or frozen money, goods and their interests shall be investigated for criminal responsibility according to law; Those who do not constitute a crime shall be punished.
Chapter IV Review Procedure of Death Penalty
Article 199 The death penalty shall be approved by the Supreme People's Court.
Article 200 In a case of first instance in which the intermediate people's court sentenced the death penalty, if the defendant does not appeal, it shall be reviewed by the higher people's court and submitted to the Supreme People's Court for approval. If the Higher People's Court has any objection to the death penalty, it may send it back for retrial.
In the case of first instance where the Higher People's Court sentenced the death penalty, the defendant did not appeal, and in the case of second instance where the death penalty was imposed, it should be reported to the Supreme People's Court for approval.
Article 201 A case in which the intermediate people's court sentenced the death penalty with a two-year suspension of execution shall be approved by the higher people's court.
Article 202 The review of death penalty cases in the Supreme People's Court and cases with suspension of execution by the Higher People's Court shall be conducted by a collegial panel of three judges.
Chapter V Procedure of Trial Supervision
Article 203 The parties, their legal representatives and close relatives may appeal to a people's court or a people's procuratorate against a legally effective judgment or order, but the execution of the judgment or order shall not be suspended.