Interpretation of the world

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The new criminal law judicial interpretation (1)


       The Supreme People's court announced the 24 "on the application of criminal procedure law '' of the people's Republic of China (hereinafter referred to as the" explanation "interpretation"), the criminal procedure law since January 1, 2013 and the modified synchronous implementation.

"Interpretation" is divided into 24 chapters, a total of 548, more than 7 words. "Explain" the problems related to the people's court shall apply the law of criminal procedure, a comprehensive system of clear and specific provisions of the Supreme People's court, is the history of most articles, the length of judicial interpretation.

The court's personnel within two years shall not serve as defenders

"Explain" clearly stipulates the judges and the people's court other personnel from a people's court within two years after leaving, not as a lawyer counsel. The judges and the people's court other personnel from a people's court after leaving, not as the original court trial counsel, except as a defendant's guardian, close relatives of defense. The judges and the people's court other staff of the spouse, children or parents may act as the court hearing the case of the defenders, except as a defendant's guardian, close relatives of defense.

A defender shall not be more than two "conflict of interest" in defense of the accused

In 1998 the introduction of the criminal law judicial interpretation of the provisions of article thirty-fifth, "in the common criminal cases, a defendant shall not be more than two co defendants". The practice reflection, this limited scope is too narrow. Some common crime cases, may be the case; there are cases, though not a common crime, but the defendant's criminal facts exist, such as on the home department of drug crime. In these cases, such as allowing a counsel at the same time as the defendants in more than two defense, will form a "conflict of interest", will damage the defendant's legitimate right to a fair trial, effect. In view of this, "explain" the perfect.

Corporal punishment or corporal punishment in disguise made confession, should be recognized as "illegal evidence"

"Explain" provisions, the use of corporal punishment or corporal punishment in disguise, or use other defendants in the physical or mental suffering from severe pain or suffering, forcing the defendant confession against their will, should be identified as extortion by torture and other illegal methods fifty-fourth criminal procedural law stipulates "". The provisions of the criminal procedure law of fifty-fourth may be a "serious influence judicial justice", should be considered for collecting physical evidence, documentary evidence in violation of the statutory procedures and the consequences of the severity and so make a determination.

To further clarify the application to exclude evidence procedure

"Explain" provisions, the parties concerned and the defenders and agents ad litem, apply to the people's court to exclude the illegal methods to collect evidence, shall provide relevant clues of illegal evidence of personnel, time, location, methods, contents or materials in accordance with the law; and the provisions of the people's court to the defendant and counsel to a copy of the bill of prosecution, shall inform the application for the exclusion of illegal evidence, shall be made prior to the trial, but the court found that except for clues or materials.

The President issued compulsory attendance of witnesses to the compulsory attendance of witnesses

"Explain" provisions, the public prosecutor, the defender, agent ad litem or on the testimony of witnesses have objections, and the testimony of witnesses have a significant impact on the sentencing court, notify the witness, expert witness, the people's court considers necessary, it shall notify the witness to appear in court. The witness was suffering from serious illness, action inconvenience and other objective reasons did not in court to testify in court, the people's court may allow the does not appear, but can be by video, listening to the testimony. The notice of the people's court without justified reasons, the witness refused to testify in court or court refused, the authenticity of the testimony can not be confirmed, the testimony of witnesses shall not be taken as a basis. In line with the conditions of the witness, the President issued compulsory attendance of witnesses to appear in court, can force the.

Not through the blog, micro blog and other ways to spread the hearing situation

"Explain" provisions, shall not be recorded, in the trial activities video, photography, or via email, blog, micro blog and other ways to spread the hearing situation, but with permission of the people's court news journalists. According to introduction, stipulate without permission shall not be transmitted hearing situation, the main considerations: in practice, the individual participants in the proceedings the court by computer, mobile phone and other "live" hearing situation, trying to trigger public attention, speculation, making "the pressure of public opinion", the people's court according to law, interference independent justice.

The unauthorized recording, video recording, photography or via email, blog, micro blog and other ways to spread the hearing situation, the presiding judge may decide to temporarily storage media or related equipment.

The defendant on the alleged facts without objection and agree, can apply summary procedure

"Explain" provisions, the people's court before the court and the court shall ask whether the defendant pleads guilty, agree to apply summary procedure, and inform the applicable law of the summary procedure. Only the people on the facts of the crime accused no objection and agreed to the summary procedure is applicable, it may apply summary procedure.

Right to defense is the most important litigation right of the defendant, simplified procedures must also be fully guarantee the right to defense of the accused, in view of this, "explain" clearly defined, summary procedure applies to the trial of the case, the defendant counsel, shall notify the defendant to appear in court.

Appeals against the defendant was sentenced to death with reprieve, the second instance should be hearing

"Explain" provisions, the defendant, the prosecutor and his legal agent of the trial that the facts, evidence objection may affect the conviction and sentencing of the case on appeal, appeal the defendant is sentenced to the immediate execution of death penalty, the people's Procuratorate's cases, and other cases shall be trial, second instance shall trial.

At the same time, special provisions: the immediate execution of the defendant sentenced to death without appeal, the other co defendants appeal, court of second instance shall; the defendant was sentenced to the appeal of the death sentence with a reprieve, even if the defendant did not raise objections to the facts, evidence of first instance found, conditional, should also be the trial; the defendant sentenced to the immediate execution of death penalty appeal, requests to withdraw his appeal in second instance court judge after the announcement before, should not be allowed to continue the trial, according to the case of appeal.

The death penalty review period reflect the opinions of the Supreme People's court shall hear lawyers in the Office

In order to ensure the quality of death penalty cases, "explain" provisions, the defense lawyer asked to reflect the views of the Supreme People's court, the collegial panel shall listen to the opinions on the premises, and making a record; lawyer put forward written opinions, shall be attached. Opinions of the Supreme People's Procuratorate, the Supreme People's court shall review, and will accept the situation and reason of feedback to the Supreme People's procuratorate.

The command remote court retrial principles

In order to guarantee the citizens to exercise the right of appeal, make up the party or his legal representative, close relative ability to exercise their right of "interpretation" provisions, the complaint may entrust a lawyer for.

In order to play a retrial correction function, "explain" provisions, superior people's court to order the lower court to rehear, should in general be an inferior people's court for the people's court outside instruction only by the people's court hearing; hearing more conducive to ascertain the facts, correct the error, the people's court may order.

 

The new criminal law judicial interpretation (2)
 
        The Supreme Law yesterday announced "on the application of 'Criminal Procedure Law of the people's Republic of China' interpretation", a total of 24 chapters, 548, more than 7 words, is the judicial interpretation of the supreme law history most articles, longest, starting in January 1, 2013 with the amendment of the criminal procedure law of synchronous execution. Explain clearly disguised corporal punishment of illegal evidence of torture.
The judicial interpretation specifies 7 kinds of situations do not apply criminal summary procedure: if the defendant is blind, deaf, dumb; the defendant is a mental patient who has not completely lost the ability to recognize or control his own conduct; there are significant social impact; in a case of joint crime of the defendant not guilty or has any objection to the application of summary procedure; counsel pleaded not guilty; the defendant pleaded guilty but the review that may not constitute a crime; in other cases the summary procedure is not appropriate for.
The new criminal law judicial interpretation [point]
A related problem, the witnesses, authenticators, men with specialized knowledge in detail, in order to protect the rights of confrontation of the parties, give full play to the function of the court;
Two, a special section to the provisions of procedure illegal evidence exclusion, in order to safeguard the legitimate rights and interests of the parties, to ensure the judicial justice;
Three, the pretrial conference in scope, subject, etc made regulations to ensure the smooth and efficient trial activities;
Four, the incidental civil compensation standard, in order to effectively safeguard the legitimate rights and interests of the victim, make sure to close the case, promote the lenient and severe criminal policy implementation;
Five, to the summary procedure is applied in refining, protect the litigation rights of the parties on the basis of improved the trial efficiency, promote the overall;
Six, the problem of second hearing range, limiting rehearing, appeal not infliction of further clear, safeguard the litigation rights of the parties, safeguard, error correction function instance can be give full play;
Seven, seizure, seizure, freezing the property review process made specific provisions;
Eight, the law of criminal procedure law the new juvenile proceedings, criminal mediation in cases of public prosecution procedure, foreclosure, forced medical procedures such as four special program made detailed provisions.
　
  [1] the illegal evidence
 
Disguised corporal punishment of torture to extract confessions
Yesterday, the judicial interpretation made clear further "identification standard of illegal evidence".
Judicial interpretation of the provisions, the use of corporal punishment or corporal punishment in disguise, or use other defendants in the physical or mental suffering from severe pain or suffering, forcing the defendant confession against their will, should be identified as extortion by torture and other illegal methods fifty-fourth criminal procedural law stipulates "".
Judicial interpretation also pointed out, the provisions of the criminal procedure law of fifty-fourth may be a "serious influence judicial justice", should be considered for collecting physical evidence, documentary evidence in violation of the statutory procedures and the consequences of the severity and so make a determination.
The judicial interpretation to further clarify the application to exclude evidence procedure. Stipulated the litigant and the defenders and agents ad litem, apply to the people's court to exclude the illegal methods to collect evidence, shall provide relevant clues of illegal evidence of personnel, time, location, methods, contents or materials in accordance with the law and regulations of the people's court; the defendants and their counsel to a copy of the bill of prosecution, shall inform the application of the exclusion of illegal the evidence, presented before a court session, but at the trial found that except for clues or materials.
 
2 [the witness]
 
A court order to compel witnesses to appear in court
Judicial interpretation of the provisions, the public prosecutor, the defender, agent ad litem or on the testimony of witnesses have objections, and the testimony of witnesses have a significant impact on the sentencing court, notify the witness, expert witness, the people's court considers necessary, it shall notify the witness to appear in court. The notice of the people's court without justified reasons, the witness refused to testify in court or court refused, the authenticity of the testimony can not be confirmed, the testimony of witnesses shall not be taken as a basis. In line with the conditions of the witness, the President issued compulsory attendance of witnesses to appear in court, can force the.
Judicial interpretation also stipulates, trial of crimes of endangering national security, terrorism, organized crimes of the underworld crime, drugs, the witnesses and expert witnesses, victims when testifying in court, he himself or his close relatives of personal safety risk, the people's court shall take not to open its true name, address and work unit personal information, or not to expose the appearance, voice and other protective measures. During the trial, witnesses, appraisers, the proposed protection request, the people's court shall immediately review; deems it necessary for the protection of the decision, shall timely take corresponding measures to protect the.
 
[3] the court order
 
Not allowed to ban micro-blog live trial
Judicial interpretation of the provisions, in the process of trial, participants in the proceedings, auditors shall abide by the following rules: to obey court command, abide by the court etiquette; no applause, noise, noise, random walk; not recording, video on trial activities, photography, or via email, blog, micro blog and other ways to spread the trial the situation, but the court reporter except; auditor may speak, questioning; shall not implement the other acts of disrupting the order of the court.
The supreme law responsible person said, the unauthorized recording, video recording, photography or via email, blog, micro blog and other ways to spread the hearing situation, the presiding judge may decide to temporarily storage media or related equipment.
"The lawyer seriously disrupting the order of the court, was forced out of the court or be fined, detained, the court shall notify the judicial administrative organ, and may also suggest the corresponding penalties according to law. The defender seriously disrupting the order of the court, was forced out of the court or be fined, detained, the defendant to defend himself, the trial continued; the defendant asked entrust another defender, or the defendant belongs to shall provide legal aid cases, should be adjourned." The responsible person said.
 
4 [agreement]
 
Has performed the criminal and the lifting of the ban
Reconciliation procedure function into full play, to prevent the emergence of "buying punishment" and other damage to the problem of judicial justice, judicial interpretation clearly court can conduct negotiations to reach a settlement.
Judicial interpretation of the provisions, in a case of public prosecution in accordance with the provisions of the 277th criminal procedure law, the facts are clear, the evidence is sufficient, the people's court shall inform the parties can reconciliation; the parties to apply, the people's court may host parties consultations to settle.
Clear judicial interpretation has to perform the mediation agreement may not go back.
Both parties involved in the investigation, prosecution period has reached a settlement agreement and perform all the victim or his legal representative, close relative, and file an incidental civil action, the people's court shall not accept the case, but there is evidence that the settlement violates the voluntary, other than legal principles. The settlement agreement has been fulfilled, one party retracts, the people's court shall not support, but there is evidence that the settlement violates the voluntary, other than legal principles.
In addition, the judicial interpretation also stipulates, contents of compensation settlement agreement should be carried out immediately after the signing of the agreement.
 
5 [compulsory medical case]
 
Anti "mental illness" should hold a court hearing
To ensure the application of compulsory medical program specification, prevent "mental illness" or fake psychiatric escape of criminal punishment, clear judicial interpretation of compulsory medical cases should in principle be hearing, and shall meet the respondent.
Judicial interpretation also stipulates compulsory medical review process. Decided by the compulsory medical person, the victim or his legal representative, close relative refuses to accept the compulsory medical decisions can, within five days from the people's court at the next higher level for reconsideration from the date of receiving the decision on.
Judicial interpretation also stipulates, be forced to medical men and their close relatives to apply for cancellation of the compulsory medical treatment, the people's court shall put forward to determine the compulsory medical. Compulsory medical termination of compulsory medical advice, or be forced to medical men and their close relatives to apply for cancellation of the compulsory medical treatment, the people's court shall form a collegial panel to review, and make within one month. The court shall within five days after the decision is made, the decision in writing to the compulsory medical institutions, for the lifting of compulsory medical man, decided by the compulsory medical people and people's procuratorate. Decides to terminate the compulsory medical treatment, medical institutions shall notify the forced termination of compulsory medical decision is received in the book.
 
[6] the death penalty review
 
A lawyer should listen to the opinions of the supreme law
Judicial interpretation of the provisions, the death penalty review period, the defense lawyer asked to reflect the views of the Supreme People's court, the collegial panel shall listen to the opinions on the premises, and making a record; lawyer put forward written opinions, shall be attached.
The judicial interpretation with the trial practice, the scope of the cases of second instance court made clear further. The provisions of the defendant, private prosecutor and his legal representatives on a trial facts, evidence objection may affect the conviction and sentencing of the case on appeal, appeal the defendant is sentenced to the immediate execution of death penalty, case protested by a people's Procuratorate, and it shall hold a hearing the case, the second instance trial shall be in accordance with the law. At the same time, the judicial interpretation has special provisions: the defendant immediately to be sentenced to death without appeal, the other co defendants appeal, court of second instance shall; the defendant was sentenced to the appeal of the death sentence with a reprieve, even if the facts, evidence of the accused has not the first recognition of the objection, conditional the trial, should also be.
The new criminal law judicial interpretation (3)
 
Clear evidence of illegal cognizance standard
Modification of the criminal procedure law, more comprehensive provisions of illegal evidence exclusion system. Therefore, the judicial interpretation of the specific application a special section of the illegal evidence exclusion system made clear.
The judicial interpretation made clear further "identification standard of illegal evidence", require the use of corporal punishment or corporal punishment in disguise, or use other defendants in the physical or mental suffering from severe pain or suffering, forcing the defendant confession against their will, should recognize the "torture to extract confessions and other illegal methods". After the trial, confirmed or cannot exclude the existence of collecting evidence by illegal methods, exclusion of relevant evidence shall be.
Prohibited by micro-blog live trial
Judicial interpretation of the provisions, shall not be recorded, in the trial activities video, photography, or via email, blog, micro blog and other ways to spread the hearing situation, but with permission of the people's court news journalists. As a defender, agent ad litem lawyer seriously disrupting the order of the court, was forced out of the court or be fined, detained, the people's court shall notify the judicial administrative organ, and may also suggest the corresponding penalties according to law.
There is a need to explain, in interpretation issued for the national court opinion process, relevant court discipline has caused controversy. The formal announcement of the interpretation of the controversial content has been modified or deleted.
Compulsory medical case should be heard
For the procedural justice, maintain the legitimate rights and interests, prevent "criminal punishment to avoid mental disease" or fake mental patients, judicial interpretation of the provisions, the compulsory medical cases, should in principle be hearing, only by the applicant, the legal representative of the defendant requests without trial, and agreed to by the people's court review, can not hearing. And regardless of whether the trial, should be met by the applicant, talk through direct contact with, understand their mental state,, and then make the right decision.
Integrated Xinhua news agency, CCTV reported
This judicial interpretation mainly on the applicable law to make specific provision:
The related problems of the witnesses and expert witnesses, men with specialized knowledge in court
The pretrial conference in scope, subject, etc
The specific procedures of the exclusion of illegal evidence
The clear incidental civil compensation standard
The specific application of the summary procedure gives a clear and detailed
To further clarify the scope of the second instance court, limiting rehearing, appeal not infliction etc.
The illegal income confiscated program
The forced medical procedures
Review procedure of attachment, seizure, freezing of property
A minor procedure of criminal case
The reconciliation of the litigants of the public prosecution procedure
 
The new criminal law judicial interpretation (4)
 
         Chinese the Supreme People's court 24 announced the "on the application of 'Criminal Procedure Law of the people's Republic of China' interpretation", since January 1, 2013 and the amended Criminal Procedure Law synchronization implementation. This interpretation mainly on illegal evidence exclusion of specific procedures, incidental civil compensation standard, simple procedure, attachment, seizure, the specific application of freezing property review process in eight aspects such as the applicable law to make specific provision.
This is the Supreme Court history most articles, the length of judicial interpretation, a total of 24 chapters, 548, more than 7 words. The interpretation of the Supreme Court in 1998 based on some problems in the implementation of the criminal law interpretation, judicial interpretation and other normative documents, focusing on the revised criminal procedure law newly added or modified, associated with the trial work, need to further clarify the relevant provisions are explained, the judicial interpretation and normative documents of the original on criminal procedure of concentrated cleaning, integration, the practice proved problems provisions made perfect.
"Explain" mainly to eight aspects of the applicable law made specific provisions:
One is related to the problem of the witness, expert witness, men with specialized knowledge in detail, in order to protect the rights of confrontation of the parties, give full play to the function of the court; the two is a special section to the provisions of procedure illegal evidence exclusion, in order to safeguard the legitimate rights and interests of the parties, to ensure the judicial justice; three is to the pretrial conference in scope, subject, etc made regulations to ensure the smooth and efficient, the trial activities; four is to make clear the incidental civil compensation standard, in order to effectively safeguard the legitimate rights and interests of the victim, make sure to close the case, promote the lenient and severe criminal policy implementation.
Five is applicable to the summary procedure gives a clear and detailed, in the protection of the litigation rights of the parties on the basis of simple cases, to ensure as far as possible to be handled efficiently, improve the trial efficiency overall; six is the problem of second hearing range, limiting rehearing, appeal not infliction of further clear, safeguard the litigation rights of the parties the function, error correction, safeguards the appeal will be brought into full play; seven is to examine the process of attachment, seizure, freezing the property of specific provisions, provide a clear basis for processing involved in property and its fruits, and earnestly safeguard the legitimate rights and interests of the owner of the property; the eight is the law on the new criminal procedure law minors litigation procedure, criminal mediation in cases of public prosecution procedure, foreclosure, forced medical procedures such as four special program has made detailed provisions, to ensure that the relevant case handling legal, safe.
The Supreme People's court, the relevant responsible person said, "the amended Criminal Procedure Law" by the decision, once some people worry that, relevant departments in the formulation of judicial interpretation or normative documents, will distort the spirit of legislation, the Department expanded the right to compete. In this regard, our attention.
The responsible person said, in the drafting of the interpretation process, we stressed the need to uphold the objective and fair position, from the strict judicial action, to fully guarantee the procedural rights of interpretation of the law, ensure judicial justice, the provisions of the relevant procedural rights, such as the law has provided for, never "discounted"; the law did not prohibit, as far as possible extend to. For example, the law does not on litigation agent's right to make corresponding provisions, for the effective maintenance of the victim, incidental civil lawsuit litigant's legitimate rights and interests, safeguard litigant agent to perform their duties, "explain" provisions of the approval of the people's court, an agent ad litem may also consult, extract, a copy of the case file materials; lawyer serves as an agent ad litem, need to collect, obtaining evidence relevant to the case materials, by reference to the relevant provisions for defense lawyer, taking of evidence collection

The new criminal law judicial interpretation (5)

      The court's personnel within two years shall not serve as defenders

"Explain" clearly stipulates the judges and the people's court other personnel from a people's court within two years after leaving, not as a lawyer counsel. The judges and the people's court other personnel from a people's court after leaving, not as the original court trial counsel, except as a defendant's guardian, close relatives of defense. The judges and the people's court other staff of the spouse, children or parents may act as the court hearing the case of the defenders, except as a defendant's guardian, close relatives of defense.

A defender shall not be more than two "conflict of interest" in defense of the accused

In 1998 the introduction of the criminal law judicial interpretation of the provisions of article thirty-fifth, "in the common criminal cases, a defendant shall not be more than two co defendants". The practice reflection, this limited scope is too narrow. Some common crime cases, may be the case; there are cases, though not a common crime, but the defendant's criminal facts exist, such as on the home department of drug crime. In these cases, such as allowing a counsel at the same time as the defendants in more than two defense, will form a "conflict of interest", will damage the defendant's legitimate right to a fair trial, effect. In view of this, "explain" the perfect.

Corporal punishment or corporal punishment in disguise made confession, should be recognized as "illegal evidence"

"Explain" provisions, the use of corporal punishment or corporal punishment in disguise, or use other defendants in the physical or mental suffering from severe pain or suffering, forcing the defendant confession against their will, should be identified as extortion by torture and other illegal methods fifty-fourth criminal procedural law stipulates "". The provisions of the criminal procedure law of fifty-fourth may be a "serious influence judicial justice", should be considered for collecting physical evidence, documentary evidence in violation of the statutory procedures and the consequences of the severity and so make a determination.

To further clarify the application to exclude evidence procedure

"Explain" provisions, the parties concerned and the defenders and agents ad litem, apply to the people's court to exclude the illegal methods to collect evidence, shall provide relevant clues of illegal evidence of personnel, time, location, methods, contents or materials in accordance with the law; and the provisions of the people's court to the defendant and counsel to a copy of the bill of prosecution, shall inform the application for the exclusion of illegal evidence, shall be made prior to the trial, but the court found that except for clues or materials.

     The President issued compulsory attendance of witnesses to the compulsory attendance of witnesses

"Explain" provisions, the public prosecutor, the defender, agent ad litem or on the testimony of witnesses have objections, and the testimony of witnesses have a significant impact on the sentencing court, notify the witness, expert witness, the people's court considers necessary, it shall notify the witness to appear in court. The witness was suffering from serious illness, action inconvenience and other objective reasons did not in court to testify in court, the people's court may allow the does not appear, but can be by video, listening to the testimony. The notice of the people's court without justified reasons, the witness refused to testify in court or court refused, the authenticity of the testimony can not be confirmed, the testimony of witnesses shall not be taken as a basis. In line with the conditions of the witness, the President issued compulsory attendance of witnesses to appear in court, can force the.

Not through the blog, micro blog and other ways to spread the hearing situation

"Explain" provisions, shall not be recorded, in the trial activities video, photography, or via email, blog, micro blog and other ways to spread the hearing situation, but with permission of the people's court news journalists. According to introduction, stipulate without permission shall not be transmitted hearing situation, the main considerations: in practice, the individual participants in the proceedings the court by computer, mobile phone and other "live" hearing situation, trying to trigger public attention, speculation, making "the pressure of public opinion", the people's court according to law, interference independent justice.

on unauthorized recording, video, photography or via email, blog, micro blog and other ways to spread the hearing situation, the presiding judge may decide to temporarily storage media or related.

The defendant on the alleged facts without objection and agree, can apply summary procedure

"Explain" provisions, the people's court before the court and the court shall ask whether the defendant pleads guilty, agree to apply summary procedure, and inform the applicable law of the summary procedure. Only the people on the facts of the crime accused no objection and agreed to the summary procedure is applicable, it may apply summary procedure.

　　Right to defense is the most important litigation right of the defendant, simplified procedures must also be fully guarantee the right to defense of the accused, in view of this, "explain" clearly defined, summary procedure applies to the trial of the case, the defendant counsel, shall notify the defendant to appear in court.

　　Appeals against the defendant was sentenced to death with reprieve, the second instance should be hearing

"Explain" provisions, the defendant, the prosecutor and his legal agent of the trial that the facts, evidence objection may affect the conviction and sentencing of the case on appeal, appeal the defendant is sentenced to the immediate execution of death penalty, the people's Procuratorate's cases, and other cases shall be trial, second instance shall trial.

　　At the same time, special provisions: the immediate execution of the defendant sentenced to death without appeal, the other co defendants appeal, court of second instance shall; the defendant was sentenced to the appeal of the death sentence with a reprieve, even if the defendant did not raise objections to the facts, evidence of first instance found, conditional, should also be the trial; the defendant sentenced to the immediate execution of death penalty appeal, requests to withdraw his appeal in second instance court judge after the announcement before, should not be allowed to continue the trial, according to the case of appeal.

The death penalty review period reflect the opinions of the Supreme People's court shall hear lawyers in the Office

to ensure the quality of death penalty cases, "explain" provisions, the defense lawyer asked to reflect the views of the Supreme People's court, the court shall hear the opinions of places should be in the office, and making a record; lawyer put forward written opinions, shall be attached. Opinions of the Supreme People's Procuratorate, the Supreme People's court shall review, and will accept the situation and reason of feedback to the Supreme People's procuratorate.

The command remote court retrial principles

to protect the citizens to exercise the right of appeal, make up the parties and their legal representatives, close relatives, exercise their right ability is insufficient, "explain" provisions of the complaint may entrust a lawyer to.

to play a retrial correction function, "explain" provisions, superior people's court to order the lower court to rehear, general lower people's court shall order the people's Court of the people outside; only by the courts are more conducive to ascertain the facts, correct the error, can order the people's court.