Criminal Procedure Law of the People's Republic of China
Article 186 After the people's court has examined the case in which public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, it shall decide to hold a hearing.
Article 187 After the people's court decides to hold a hearing, it shall determine the members of the collegial panel and serve a copy of the indictment of the people's procuratorate to the defendant and his defender ten days before the hearing.
Before the trial, the judge may convene the public prosecutor, the parties, the defenders and the agents ad litem to understand the issues related to the trial, such as withdrawal, the list of witnesses appearing in court, and the exclusion of illegal evidence, and listen to opinions.
After the people's court determines the date of the hearing, it shall notify the people's procuratorate of the time and place of the hearing, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the trial. 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 188 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 involving commercial secrets may be heard in private upon the application of the parties.
For cases that are not heard in public, the reasons for not hearing in public shall be announced in court.
Article 189 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.
Article 190 When a trial is held, the presiding judge shall ascertain whether the parties are present 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, appraisers and translators; Inform the defendant of his right to defense.
If the defendant pleads guilty and admits punishment, the presiding judge shall inform the defendant of his litigation rights and the legal provisions of pleading guilty and admitting punishment, and examine the voluntariness of his confession and the authenticity and legality of his confession.
Article 191 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 192 The public prosecutor, the parties, their defenders and agents ad litem have objections to the witness testimony, which has a great influence on the conviction and sentencing of the case. If the people's court deems it necessary for the witness to testify in court, the witness shall testify in court.
The provisions of the preceding paragraph shall apply to the people's police who testify in court and testify about the criminal acts they witnessed while performing their duties.
If the public prosecutor, the parties, the defenders and the agents ad litem have objections to the expert opinion, and the people's court deems it necessary for the expert to appear in court, the expert shall testify in court. If the appraiser refuses to testify in court after being notified by the people's court, the appraisal opinion shall not be used as the basis for finalizing the case.
Article 193 If a witness fails to testify in court without justifiable reasons after being notified by the people's court, the people's court may compel him to appear in court, except the defendant's spouse, parents and children.
If a witness refuses to appear in court without justifiable reasons or refuses to testify after appearing in court, he shall be admonished. If the circumstances are serious, with the approval of the dean, he shall be detained for less than ten days. If the punished person refuses to accept the detention decision, he may apply to the people's court at the next higher level for reconsideration. Execution shall not be suspended during reconsideration.
Article 194 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 195 A public prosecutor and a defender shall present material evidence to the court for the parties to identify. Evidence materials such as witness testimony transcripts, expert opinions of appraisers, and inspection transcripts that have not appeared in court shall be read out in court. A judge shall listen to the opinions of the public prosecutor, parties, defenders and agents ad litem.
Article 196 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, seizure, appraisal, inquiry and freezing.
Article 197 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.
Public prosecutors, parties, defenders and agents ad litem may apply to the court to notify people with specialized knowledge to appear in court and express their opinions on expert opinions.
The court shall make a decision on whether to approve the above application.
The relevant provisions on appraisers shall apply to persons with specialized knowledge appearing in court as stipulated in the second paragraph.
Article 198 During the court hearing, all facts and evidence related to conviction and sentencing shall be investigated and debated.
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 199 In the course of a court hearing, the presiding judge shall give a warning and stop participants in the proceedings and observers who violate 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 200 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.