First, the analysis of criminal cases sentenced out of court.
1, it is normal for criminal cases not to be judged on the spot after trial. Ordinary criminal cases are not pronounced in court, but are pronounced regularly. But another time in court.
2. There is no specific time limit for regular sentencing, which is limited by the time of the whole trial stage. In other words, the sentence should be pronounced within the statutory trial period.
Second, the conditions for sentencing in court.
1, the facts of the case are clear. Clear facts of a case are the basic conditions for judging a case. Only when the facts are clear can we correctly apply the law and make a fair judgment. If the facts are unclear, the judgment cannot be executed.
2, must be pronounced in court. If a sentence is pronounced at the residence of the party concerned, it cannot be regarded as a sentence pronounced in court.
3. The judgment must be announced on the second day after the trial investigation, or regularly every other day.
4. The trial debate before sentencing must have new substantive content. If you deliberately make an empty investigation and pronounce a sentence after the debate, just to show the sentencing rate in court, it is not a real court verdict.
Third, the skills of civil litigation trial
1, preemption method.
Under this legal system, one side of the court debate avoids talking about the questions that the other side may raise, while the questions that are extremely beneficial to itself are fully displayed in the debate speech first, so as to achieve preconceptions and strive for positive court defense tactics. In practice, the application of this method must be fully prepared before the trial, and the facts and evidence that are beneficial to one's own side should be identified one by one in the investigation stage of the trial. Then, according to the facts and evidence, take the initiative to refute the other party's incorrect views, so as to take the initiative in the debate, occupy the commanding heights and push the other party into a passive position.
2, avoiding reality is virtual.
In the trial debate, the weakness of the other party is often the place that the other party tries to avoid, and even the other party will try to divert his attention and disturb his audio-visual purpose by changing the topic, changing the concept and answering irrelevant questions. Therefore, to apply this method, we must first be good at grasping each other's "emptiness" and choose its weak links to attack repeatedly until the issue is clearly debated.
3. Negative questioning methods.
Lawyers should hide the purpose of the debate when asking questions, and never let the other side know the real intention of asking questions. Especially the first question, you must let the other person answer it before you know the intention of asking questions. As long as you answer the first question, you can't help but answer the next one. When the other person finds it difficult to justify himself, it is too late to regret it. This tactic of letting the other side be passive everywhere and hitting their own mouths is an extremely effective means of debate. The result can only be that the other party unconsciously accepts the lawyer's (or questioner's) point of view and wins by surprise.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 16 1
The people's court shall conclude a case by applying summary procedure within three months from the date of filing the case.
Article 149
A case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.