I have handled many cases of probation without guilt, and those who may be sentenced to more than three years in prison will be transferred to the collegial panel for trial.
So after the program changes, you may face more serious criminal punishment. Generally, cases that do not plead guilty and more complicated cases will be converted into ordinary procedures. In the trial of criminal cases, ordinary procedures cannot be converted into summary procedures. However, simple programs can be converted into ordinary programs.
Summary procedure of criminal procedure means that the basic people's court applies summary trial procedure to some simple and minor criminal cases according to law. The parties may apply for conversion from summary procedure to ordinary procedure.
According to the law, the people's court shall not violate the principle of voluntariness of the parties and turn ordinary procedures into summary procedures. If the parties have any objection to the application of summary procedure, and the people's court considers the objection valid, or finds it inappropriate to apply summary procedure during the trial, it shall transfer the case to the ordinary procedure for trial. In the course of trial, if a judge finds that the case is complicated and needs to be tried by ordinary procedures, he shall make a decision in time before the expiration of the trial period and notify the parties in writing.
Cases subject to summary procedure:
1. The facts of the case are clear and the evidence is sufficient;
2. The defendant admits his crime and has no objection to the alleged criminal facts;
The defendant has no objection to the application of summary procedure.
Legal basis:
The first paragraph of Article 2 of the Supreme People's Court's Provisions on the Application of Summary Procedure to the Trial of Civil Cases stipulates: "If the parties voluntarily choose to apply summary procedure to civil cases tried by ordinary procedures of first instance in grass-roots people's courts, they may apply summary procedure to the trial with the approval of the people's courts." However, except for one of the following circumstances:
(1) At the time of prosecution, the defendant's whereabouts were unknown;
(2) remanded for retrial;
(3) A lawsuit in which one or both parties are numerous;
(4) The law stipulates that special procedures, trial supervision procedures, supervision procedures, publicity procedures and bankruptcy and debt repayment procedures of enterprise legal persons should be applied;
(five) the people's court considers it inappropriate to apply summary procedure.
Therefore, although the court initially applied the ordinary procedure of first instance, the parties voluntarily chose to apply the summary procedure, and cases that do not belong to the above five categories can be tried by the summary procedure after examination and approval by the Court of Appeal. Of course, the people's court shall not violate the principle of voluntariness of the parties and turn ordinary procedures into summary procedures.