Trial stage
After the People's Court examines the case for public prosecution, if the criminal facts alleged in the indictment are clear and accompanied by a catalog of evidence, a list of witnesses and copies of the main evidence, or Photos should determine the court hearing. Except for cases involving state secrets or personal privacy, the people's courts hear first-instance cases in public.
Since the People's Court accepted the case, the defense lawyer can review, excerpt, and copy the materials charging the criminal facts in the case, and can meet and communicate with the defendant in custody. At trial, the defense attorney defends the defendant.
When a people's court hears a public prosecution case, it shall pronounce a judgment within one month after accepting the case, and no more than one and a half months at the latest. If one of the circumstances stipulated in Article 163 of the Criminal Procedure Law occurs, it may be extended for another month with the approval or decision of the Higher People's Court of the province, autonomous region or municipality directly under the Central Government.
After trial, the People’s Court made the following judgments based on the ascertained facts, evidence and relevant legal provisions:
(1) The facts of the case are clear, the evidence is reliable and sufficient, and the case is in accordance with the law. If the defendant is found guilty, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a not guilty verdict shall be made.
Legal Basis
Prison Law of the People's Republic of China
Article 15: The People's Court shall sentence criminals sentenced to death with a two-year suspension of execution, life imprisonment, or fixed-term imprisonment to , the execution notice and judgment shall be delivered to the public security organ where the criminal is detained, and the public security organ shall take the criminal into custody for execution within one month from the date of receipt of the execution notice and judgment.
If the criminal’s remaining sentence is less than three months before being handed over for execution, the detention center will execute the sentence on his behalf.
Article 16 When a criminal is handed over for execution, the people's court that handed over the execution shall deliver a copy of the People's Procuratorate's indictment, a copy of the People's Court's judgment, the execution notice and the case closure registration form to the prison at the same time. If the prison has not received the above-mentioned documents, it shall not be admitted; if the above-mentioned documents are incomplete or incorrectly recorded, the people's court that makes the effective judgment shall promptly supplement or correct them; those who may lead to wrongful imprisonment will not be imprisoned.