1. Can the defender of a criminal case ask the public prosecutor questions?
According to the relevant laws and regulations, cross-examination means that the prosecutor and the defender question the validity of the evidence to determine whether the evidence can be used as the basis for the judgment of the case, so the defender can cross-examine the prosecutor.
Second, what is the duty of the public prosecutor?
1. The public prosecutor's main duty is to file a public prosecution case with the people's procuratorate, represent our hospital as a state prosecutor, appear in court to support the public prosecution, further elaborate the accusation of the public prosecution agency, and make the collegial panel confirm the accusation of the public prosecution agency against the defendant through evidence, cross-examination and debate, so as to declare the defendant guilty according to law and impose corresponding punishment.
2. The public prosecutor also shoulders the important responsibility of supervising whether the court violates the law when trying cases. The success or failure of supporting the public prosecution in court is not only related to whether the defendant can plead guilty to the law and realize the legal effect of the public prosecution, but also directly related to the image and reputation of the procuratorial organ, that is, whether it can achieve certain social effects by supporting the public prosecution, make the people present receive legal education and establish the lofty prestige of the people's procuratorate in the eyes of the masses. To be a qualified state prosecutor, you must have three basic quality requirements: correctness, accuracy and stability.
3. What are the public prosecutor's court debate skills?
1, make preparations before the court and predict the focus of the debate.
Whether the public prosecution in court can be successful or not, the first thing is to thoroughly understand the case and make preparations before court. We should neither be rambling nor too narrow-minded, but should focus on the specific circumstances of the case and make comprehensive preparations. First, we should be further familiar with the case and understand the whole case; Second, we should carefully prepare the indictment and fully demonstrate the charges; Third, according to the facts and evidence of the case, find out the weak links, predict the focus of the debate, and write the defense outline for the questions that the defender may raise in the debate; Fourth, make necessary supplements and improvements to the problems existing in the evidence; Fifth, be familiar with all the laws involved in the case in advance and have a good idea of the theory of crime constitution; Sixth, respond to the lawsuit in court in time. According to the situation of court investigation and the defense intention of the defendant and defender in court cross-examination, the defense content prepared before court should be revised and adjusted in time, and the psychological preparation for the debate should be made well.
2. Grasp the key points and interrogate in court to lay the foundation for court investigation.
According to Article 19 1 of the Criminal Procedure Law: "After the public prosecutor reads the indictment in court, the defendant and the victim can state the crimes charged in the indictment, and the public prosecutor can interrogate the defendant." It can be seen that it is a necessary procedure for the public prosecutor to interrogate the defendant in court.
When interrogating the defendant in court, the public prosecutor should closely focus on the main facts of the case according to the defendant's statement in court. Interrogation should be clear and in-depth according to the occurrence and development of the case, reasonably grasp the scope and focus of interrogation, highlight the main plot of the case and focus on interrogation. Some minor questions that have little to do with the conviction and sentencing of the case can be asked or not. In view of the defendant's statement of the criminal facts alleged in the indictment, we should grasp the main plot, briefly interrogate him to plead guilty and state the clear criminal facts; If the defendant disagrees with the characterization, it should be questioned in detail from the aspects of the subjective psychological state of the defendant at the time of committing the crime and the means and process of its implementation; If the defendant shirks its importance and responsibility, it should be interrogated from the time, place and consequences of the defendant's crime; If the defendant disagrees with the evidence, he shall be interrogated from the scene and details.
According to the law, it can be known that the defender can of course ask questions to the public prosecutor, usually when the defender questions the validity of the evidence to determine whether the evidence can be used as the basis for the judgment of the case. The above is the relevant knowledge about whether the defenders of criminal cases can ask questions to the public prosecutor. If you don't know anything or have other questions, you can consult a lawyer.