The sixth chapter of incidental civil action

138th victim's personal rights by criminal violations or property damage by criminals has suffered material losses, have the right to file an incidental civil action in criminal proceedings;The victim's death or incapacity, his legal representative, close relatives shall have the right to file an incidental civil action.

Because of the crime of infringing, file an incidental civil action or take a mental compensation requirements of civil proceedings, the people's court shall not accept.

139th defendant illegal possession, dispose of the property, shall be recovered or ordered to return. The victim to file an incidental civil action, the people's court shall not accept the. Recovered, restitution, can be considered as the plot.

140th functionaries of state organs in exercising their functions and powers, infringe the personal, property rights constitute a crime, the victim or his legal representative, close relative to file an incidental civil action, the people's court shall not accept the application, it shall inform the to apply for state compensation.

Article 141st the people's courts handle criminal cases after , conforms to the law of criminal procedure and the ninety-ninth to explain the 138th prescribed in the first paragraph, can inform the victims or their legal representatives, near relatives shall have the right to file an incidental civil action.

Have the right to file an incidental civil lawsuit people give up litigation rights, it shall be allowed, and record.

142nd state property, collective property suffer a loss, loss of entity fails to file an incidental civil action, the people's Procuratorate in the prosecution file an incidental civil action, the people's court shall accept.

The people's Procuratorate files the supplementary civil action, shall be listed as the plaintiff of the supplementary civil action.

The accused of illegal possession, disposal of state property, collective property, shall be dealt with in accordance with article 139th of this interpretation.

Article 143rd incidental civil action shall bear the liability for compensation of the people including:

　　(A)Other common infringement criminal defendant and not to be investigated for criminal responsibility;

　　(Two)The criminal defendant's Guardian;

　　(Three)The death penalty criminals inheritance;

　　(Four)In a case of joint crime, the defendant the conclusion of the case before the death of the inheritance;

　　(Five)The material loss shall be in accordance with other units and individuals shall bear the liability for compensation.

Defendant or voluntary for compensation, shall be permitted to.

144th victim or its legal representative, close relative only part of the common people to file an incidental civil action, the people's court shall inform the other party of the common, including not be held criminally responsible co infringer,In conjunction with the lawsuit, but in a case of joint crime accomplice escaped except.

The victim or his legal representative, close relatives of the other joint infringement of people give up litigation rights, the people's court shall inform the corresponding legal consequence, and explained in the judgments of the waiver of claims.

Article 145th incidental civil action is:

　　(A)The prosecution in accordance with the statutory conditions;

　　(Two)The defendants have clear;

　　(Three)The specific requirements of a claim for compensation and the facts, reasons;

　　(Four)The people's court to which the scope of civil suit collateral.

146th common crime, accomplice escaped, should not be listed as the defendant. To escape the accomplice in custody, the victim or its legal representative, close relatives may file an incidental civil action on it, but from other common criminals get full compensation except.

Article 147th incidental civil action shall be filed in the criminal cases timely filed.

Incidental civil litigation shall submit the supplementary civil indictment.

During the 148th investigation, review and prosecution, have the right to file an incidental civil action man claims, mediation by the people's Procuratorate, public security organ, the parties have reached an agreement and perform all the victim or his legal representative, close relatives, and lift the incidental civil action, the people's court shall not accept the case, but there is evidence to prove that the mediation violation of the voluntary, other than legal principles.

149th victim or its legal representative, close relative to file an incidental civil action, the people's court shall decide within seven days on whether to put on record. In accordance with the criminal procedure law and the relevant provisions of article ninety-ninth of this interpretation, it shall accept the;Do not meet, ruled inadmissible.

150th incidental civil action after the people's court shall, within five days will be incidental civil indictment copy to the defendant or his legal representative, or will notify the defendant and his legal agent of oral complaint content, and making a record.

The people's court civil indictment copy, shall, according to the criminal trial period, the defendant and his legal representatives Incidental Civil Pleadings submitted to the time.

Incidental civil litigation 151st parties to submit their ideas, have the responsibility to provide evidence.

Article 152nd a people's Court of may be due to the defendant's acts or other reasons, the incidental civil judgment is difficult to carry out the case, according to the plaintiff of the supplementary civil action application, can be ruled the preservation measures, the seizure, seizure or freezing the property of the defendant;Plaintiff of the supplementary civil action did not apply, when necessary, the people's court may also take security measures.

Have the right to file an incidental civil action because of the urgency of the situation, do not immediately apply for the preservation of its lawful rights and interests will suffer irreparable damage, may file an incidental civil action to be preserved before, the place where the property is located, the respondent of residence or the people's courts that have jurisdiction over the case for the preservation measures. Applicants with in the people's courts handle criminal cases after fifteen days without instituting civil proceedings, the people's court shall cancel the preservation measures.

The people's courts to take preventive measures, the relevant provisions of the civil procedure law is 100th to 105th, except for the provisions of the civil procedure law 101st section third.

Article 153rd the people's courts incidental civil lawsuit, mediation may be conducted on a voluntary, legal principles. If an agreement is reached through mediation, conciliation statement shall be made. Mediation by the parties shall sign, which have the force of law.

The mediation agreement and instant performed, can not make a mediation record, but the written record shall be made by the parties, the signature, the judges, the clerk or sealed the law.

Article 154th if no agreement is reached through conciliation or mediation before signing receipt of Party estoppel, incidental civil action shall be decided together with the criminal litigation.

Article 155th of the civil judgement, should according to the criminal behavior caused by loss of material, combined with the specific circumstances of the case, the defendant shall determine the amount of compensation.

Crime victims caused personal injury, shall pay the medical fees, nursing fees, transportation fees and other reasonable expenses for treatment and rehabilitation of payment, as well as the lost wages. If the victim is disabled, should also be compensation for disability AIDS fees;Causing death to the victim, should also be compensation for funeral expenses.

The casualties caused by driving a motor vehicle or cause heavy losses to public or private property, which constitutes a crime, to determine the compensation responsibility in accordance with the "Regulations of the people's Republic of China Road Traffic Safety Law" article seventy-sixth.

Incidental civil litigation parties to reach a mediation, reconciliation agreement on civil compensation, scope of compensation, the amount is not subject to the provisions of the second paragraph, third paragraph limit.

156th people's Procuratorate files the supplementary civil action, the people's court, that the defendant shall bear the liability for compensation according to law, shall be ordered the defendant to compensate losses suffered by the unit;The losses suffered by the unit has been terminated, have the rights and obligations of successors, shall be ordered to make compensation for the successor;No rights and obligations successors, shall order them to the people's Procuratorate to compensation, the people's Procuratorate shall be turned over to the state treasury.

The 157th trial of civil suit collateral to criminal proceedings, the people's court shall combine the defendant compensation for the victim's material loss recognized their repentance, and to be considered in the measurement of penalty.

The 158th plaintiffs of the supplementary civil action after the subpoena, refuses to appear in court, or midway without permission by the court adjourned, shall be considered as withdrawn.

Outside the criminal defendants defendants of incidental civil lawsuit by summons, refuses to appear in court without proper reason, or midway without permission by the court adjourned, incidental civil part may make a judgment by default.

159th incidental civil action shall be heard together with the criminal case, only in order to prevent the excessive delay in the trial of criminal cases, can in the trial of criminal cases, the same judicial organizations continue to hear the incidental civil action;Members of the organization with a trial does not continue to participate in the trial, can be replaced.

160th court prosecution case the defendant's conduct did not constitute a crime, to have an incidental civil action, reach an agreement after mediation can not, shall make criminal incidental civil judgment.

The people's court, the people's Procuratorate of public prosecution to withdraw the prosecution, to have an incidental civil lawsuit, mediation may be conducted;For mediation or the mediation can not reach an agreement, it shall reject it, and inform the plaintiff of the supplementary civil action may bring a civil action shall be.

161st the first trial period did not file an incidental civil action, mentioned in the second period, the people's Court of second instance may conduct mediation in accordance with the law;If the mediation fails, the parties may, in that criminal judgment ruling after the entry into force shall file a civil lawsuit.

Article 162nd the people's Court of the incidental civil lawsuit, not charge litigation fees.

Article 163rd the people's Court of the incidental civil lawsuit, in addition to the criminal law, criminal procedure law and the judicial interpretation of criminal law has prescribed, apply the relevant provisions of civil law.

164th victim or its legal representative, close relatives in criminal proceedings did not file an incidental civil lawsuit, civil lawsuit shall be separately, the people's court may conduct mediation, or make a judgment on the basis of material loss.

The seventh chapter, served, during the trial period

165th in months period, from this day on the same day for a month to month. Deadline date for the end of this month and next month, day, the last day of a month. Next month on the same day does not exist, since this month and next month, the last day of a month. Half a month will be calculated according to fifteen days.

Article 166th the parties due to irresistible causes or for other legitimate reasons and time limit, apply to proceedings that should have been completed prior to the expiration of the period, the people's court shall be verified, ruled to permit.

Article 167th litigation documents, shall be made by the recipient. The recipient is not in, can be made by an adult member of his family or unit is responsible for collection personnel collection.

Consignee or agent in the receipt of service shall be the date of receipt date.

The recipient or behalf refuses to sign, the litigant may invite the witnesses to the scene, explain the situation, stating the reasons and date of rejection in the receipt, sealed by the sending Master, witness the signature or, the litigation documents in recipient, agent or a place;Can the litigation documents in the recipient of the service place, and the use of pictures, video recording service process, the service shall be deemed completed.

168th direct litigation documents are difficult, may be authorized by the people's court where the recipient for service, or by mail.

169th commissioned service, authorization letter, should be entrusted to the judicial documents and the receipt to the entrusted court. The entrusted court after receipt of registration, shall, within ten days of delivery to the recipient, and will send the receipt by the court;Undeliverable, it shall notify the entrusting court, and the litigation documents and the receipt of returned.

Article 170th mail, shall be the litigation documents, the receipt of registered mail to the recipient. Registration date marked on the receipt of service shall be the date of service.

Article 171st the litigation documents recipients is a serviceman, can through the Political Department of the army units at or above the regimental level care.

The recipient is serving his sentence, the executing organ to.

The recipient is compulsory education measures to be taken, through the mandatory education institutions to.

By the relevant departments, units to be forwarded the documents, it shall refer to the relevant departments, units received immediately after the delivery to sign, and the receipt of service and timely sent to the people's court.

Article 172nd designated jurisdiction trial period, after the people's court appointed under the jurisdiction of the received designated jurisdiction decision and related files, evidence material date.

173rd apply to a people's court for approval to extend the trial period, shall within fifteen days before the expiration report. The people's court has the right to decide not to extend, should be five days prior to the expiration of the period of hearing decision.

Because of the special situation for the approval of the Supreme People's court to extend the trial period, the Supreme People's court after examination, if the application is approved, can extend the trial period of one to three months. At the expiration of the term of cases still not accepted, can apply again.

During the 174th trial, as a psychiatric evaluation of the defendant shall not be included in the trial period of time.

The eighth chapter trial organization

Article 175th the presiding judge held by judge. Assistant judges put forward by the president of the court, with the approval of the judicial committee, may provisionally exercise the functions of a judge, and can serve as the presiding judge.

176th hearing and deliberating cases, shall be carried out by a collegial panel. The members of the collegial panel to review cases, should be independent opinion and explain the reasons. Differences of opinion, should according to the majority decision, but a few opinions shall be recorded in writing. The records of the deliberations by the members of the collegial panel to review the confirmation signature. Review shall be confidential.

177th judges shall be the sole judge, and the judge to exercise the same powers.

Article 178th collegiate bench trial, the Council,Shall promptly make a judgment, ruling.

Sentence to death penalty cases, case protested by a people's Procuratorate, the collegial panel shall invite the president decided to refer it to the judicial committee for discussion and decision.

The members of the collegial panel opinion there are major differences case, new types of cases, the social impact of major cases and other difficult, complex, serious cases, the collegial panel considers it difficult to make a decision, may request the president decided to refer it to the judicial committee for discussion and decision.

The people's jury may require a collegial panel will decide whether to submit the case to the president of the judicial committee for discussion and decision.

To invite the president decided to submit the judicial committee for discussion and decision case, Dean think unnecessary, may suggest a collegial panel a review.

The sole judge of the case, the judge deems it necessary, may also invite the president decided to refer it to the judicial committee for discussion and decision.

Article 179th the decision of the judicial committee, the collegial panel, the single judge shall execute;There are different opinions, can suggest the president submitted to the judicial committee for reconsideration.

The ninth chapter of public prosecution cases of ordinary procedure of first instance

The first section examination preparation and before the court

180th of the public prosecution, the people's court shall receive the indictment(In eight copies, each additional defendants, increase of five)And the record, evidence, specify the judges examine the following contents:

　　(A)Whether the jurisdiction;

　　(Two)The indictment is that the defendant's identity, whether to have or are subject to criminal penalties, species, was forced to take measures of the place of detention, the crime of time, place, and other means, the consequences may affect the conviction and sentencing plot;

　　(Three)Whether the evidence material to the criminal facts, including the approval decided to adopt the measures of technical investigation and collection of evidence materials;

　　(Four)Whether the attachment, seizure, freezing the defendant illegal income or other property involved, and attach the relevant evidence materials shall be in accordance with the property;

　　(Five)If the victim's name list, address, contact method;If a witness, expert list;Whether to apply for a court to inform the witnesses, authenticators, specialized knowledge appearing in court, stating the officer's name, gender, age, occupation, address, contact method;Whether with the need to protect the witnesses and expert witnesses, victims list;

　　(Six)The party has entrusted a defender, agent ad litem, or have received legal aid, whether to list the defenders and agents ad litem, name, address, contact method;

　　(Seven)Whether to file an incidental civil action;Incidental civil litigation, whether listed party in an incidental civil action name, address, contact way, whether it is accompanied by the relevant evidential materials;

　　(Eight)The investigation, prosecution procedures of the various legal procedures and the litigation documents are complete;

　　(Nine)There are no fifteenth criminal law article second to sixth shall not be investigated for criminal responsibility.

181st people's court case review of prosecution, shall handle it according to the following circumstances:

　　(A)To handle the case, shall be returned to the people's Procuratorate, and inform the victim has the right to bring a private prosecution;

　　(Two)Does not fall under its jurisdiction or the defendant is not registered, shall be returned to the people's Procuratorate;

　　(Three)Do not conform to one of the preceding article second to eighth provisions, the need for additional materials, shall notify the people's Procuratorate to send up to three days;

(Four)In accordance with the law of criminal procedure 195th provisions of the third declaration the innocence of the defendant, the people's procuratorate according to new facts, evidence to prosecute, shall be accepted by the;

　　(Five)According to the interpretation of the provisions of article 242nd order granting withdrawal cases, no facts, evidence of new, re prosecution, shall be returned to the people's Procuratorate;

　　(Six)In accordance with the fifteenth law of criminal procedure in the second to sixth regulations, shall decide to terminate the hearing or returned to the people's Procuratorate;

　　(Seven)The defendant real identity is unknown, but in accordance with the provisions of the second paragraph 158th of the criminal procedure law, it shall be accepted according to law.

In a case of public prosecution whether or not to accept the application, the examination shall be completed within seven days.

182nd before a court session, the people's court shall proceed with the following work:

　　(A)The presiding judge and determine the members of the collegial panel;

　　(Two)Ten days before the hearing of the duplicate copy of the indictment to the defendant, the defender;

　　(Three)Notify the party concerned, legal representative, the defenders and agents ad litem, five days before the hearing of witness, provide identification lists, and quasi court evidence;Application of the witnesses and expert witnesses, with specialized knowledge appearing in court, should specify the name, gender, age of personnel, occupation, address, contact method;

　　(Four)Three days before the hearing hearing notice at the time, the people's Procuratorate;

　　(Five)Three days before the hearing of the summons will summon the parties concerned and inform the defender, agent ad litem, legal representative, witnesses, appraisers to appear in court notice;Notify the relevant personnel to appear in court, can also take the phone, SMS, fax, email to confirm receipt of transmission;

　　(Six)Public hearing of the case, three days before the hearing, announced the name of the defendant, time and location of the court session.

The work shall be recorded.

183rd cases with one of the following circumstances, judges can be called before the court session:

　　(A)The parties concerned and the defenders and agents ad litem, apply to the exclusion of illegal evidence;

　　(Two)The evidence, the case more complex;

　　(Three)Great social impact;

　　(Four)Other cases before the court of meeting the need for.

A meeting before the court, according to the circumstances of the case, the defendant may be notified to attend.

Article 184th a meeting before the tribunal, the judges can understand the situation of the parties to the following questions, listen to the views of:

　　(A)If there is objection to jurisdiction;

　　(Two)Whether to apply for the relevant personnel to avoid;

　　(Three)Whether to apply for obtaining in the investigation, review and prosecution, the people's Procuratorate collected during the public security organs but not with the case that the defendant not guilty evidence;

(Four)Whether to provide new evidence;

　　(Five)Objection is to the witness, expert witness, expert knowledge of the names of the people;

　　(Six)Whether to apply for the exclusion of illegal evidence;

　　(Seven)If the application was not a public hearing;

　　(Eight)Other problems associated with trials.

The judges may ask the parties have no objection to the evidence material, object to the evidence, shall investigate and focus in the trial;Without objection, the trial testimony, can simplify.

The victim or his legal representative, close relative to file an incidental civil action, can mediate.

Written records shall be made for the meeting before the court.

185th before a court session, the collegial panel can be court outline, outline generally include the following contents:

　　(A)The members of the collegial panel in the trial division;

　　(Two)The indictment of the facts of the crime accused and determine the nature of the case key points;

　　(Three)The main points to interrogate the defendant;

　　(Four)Witnesses, appraisers, men with specialized knowledge, investigation personnel list;

　　(Five)The parties apply for court evidence directory;

　　(Six)Problems and Countermeasures in the trial.

The 186th trial of cases shall be open to the public.

Cases involving state secrets or personal privacy, not a public hearing;Concerning commercial secrets, the parties to apply, the court may decide not to public trial.

Do not open cases, no person shall be open to the public, except as otherwise stipulated by law.

Drunk 187th mental patients, who, without the approval of the people's Court of minors and other unfavorable spectators may sit in on case.

The 188th victim, litigation agent by summons or notice of default, does not affect the trial, the people's court may trial.

The defenders by notice to not appear in court, the defendant agreed upon, the people's court may hold a hearing, unless the defendant shall be to provide legal aid cases.

Article 189th before the hearing, the court clerk shall order the following work:

　　(A)The presiding judge delegate, identify the prosecutor, parties, witnesses and other participants in the proceedings are present;

　　(Two)Read the rules of the court;

　　(Three)Please the public prosecutor and the participants in the proceedings in court;

　　(Four)Please judge, judge(The people's jury)The Tribunal;

　　(Five)The judges were seated, to prepare work long before a court trial report ready.

The second section announced the court and the court investigation

Article 190th the presiding judge announced the court, the defendant in court after transfer, shall ascertain the defendant:

　　(A)The name, date of birth, nationality, was born, culture degree, occupation, address, name, or the defendant unit residence, litigation representative of the name, title;

　　(Two)If a legal sanction and punishment type, time;

　　(Three)Whether by coercive measures and compulsory measures, time variety;

　　(Four)Received the copy of the date;There is an incidental civil action with incidental civil lawsuit, the date of receipt of defendants.

The defendant more, can find out the case before the court, but the court presiding judge shall make explanations.

The prosecution sources, 191st cases of the presiding judge, the party in an incidental civil action name and whether or not a public hearing;Not a public hearing, shall announce the reason.

Article 192nd the presiding judge shall announce the members of the collegial panel, the court clerk, the public prosecutor and defender, list of appraiser, translators, participants in the proceedings.

Article 193rd the presiding judge shall inform the parties and their legal representatives, the defenders and agents ad litem, shall enjoy the following rights in the process of trial:

　　(A)Can apply for the members of the collegial panel, the court clerk, the public prosecutor, judge and translators to avoid;

　　(Two)Evidence can be presented to the application, inform the witnesses to appear, obtaining new evidence, to apply for re identification or inspection, inspection;

　　(Three)The defendant can defend oneself;

　　(Four)The defendant may be the last statement in court debate end.

Article 194th the presiding judge shall ask the parties and their legal representatives, the defenders and agents ad litem, if apply for withdrawal, for whom the avoidance and grounds for a challenge.

The parties and their legal representatives, the defenders and agents ad litem, application for withdrawal, disposal in accordance with the relevant provisions of the criminal procedure law and the interpretation of the.

Agree or reject the withdrawal decision and decision of reconsideration application, the presiding judge declared, and explain the reasons. When necessary, can also be announced by the president of the court.

Article 195th the presiding judge announced that the investigation after the start, should the prosecutor read out the indictment;A supplementary civil action, the plaintiff of the supplementary civil action or his legal representative, agent ad litem read with the civil complaint.

The 196th indictment alleged crimes is more than two, the court shall generally be respectively.

Article 197th in the trial of long auspices, the defendant, victim can indictment alleged crimes were statement.

Article 198th in the trial of long auspices, the public prosecutor may indictment alleged crime that interrogate the defendant.

The judge allowed, the victims and their legal representatives, agents ad litem may have public prosecutor interrogating criminal facts supplementary questions;Plaintiff of the supplementary civil action and the legal agent, the agents ad litem may have incidental civil part of the facts to question the defendant;The legal representative of the defendant, the defenders, defendant or his legal representative, the agents ad litem may in the prosecution was completed after the interrogation of a problem put questions to the defendant.

199th co defendants interrogation proceedings, shall be respectively. When necessary, can summon co defendant until the tribunal.

Article 200th the presiding judge permitted, both parties to the victim, plaintiffs of the supplementary civil action.

Article 201st the judges may interrogate the defendant. When necessary, can be to the victim, incidental civil litigants ask.

202nd prosecutor may request the judge to inform the witnesses, testimony, or produce evidence. The victim and his legal representatives, agents ad litem, plaintiffs of the supplementary civil action and the agents ad litem may also apply.

In the prosecution evidence, the defendant and his legal representatives, the defender may request the judge to inform the witnesses, testimony, or produce evidence.

Article 203rd the parties apply for witnesses, showing the evidence, shall state the name, origin and evidence to prove the facts. The court considers necessary, shall be permitted to;The other objection, that the evidence was irrelevant to the case or repeated, not necessary, the court review by the objection, may not be permitted.

204th have been transferred to the people's court evidence, both sides need to show, can apply to the court. The court agreed, shall command value court bailiff show, broadcast;Need to read, by the court bailiff to read values by the applicant.

205th prosecutors, the parties concerned or the defenders and agents ad litem, the testimony of witnesses have objections, and the testimony of witnesses have significant effect on the conviction and sentencing, or has any objection to the expert opinion, filed for court to inform the witnesses, expert witnesses in court, the people's court considers necessary, shall notify the witness, the appraiser;Unable to inform the witnesses, authenticators or refused to appear in court, it shall timely notify the applicant.

206th witnesses have one of the following circumstances, not to testify in court, the people's court may grant her not to appear in court:

　　(A)In the trial period suffering from serious illness or action extremely inconvenient;

　　(Two)Home away from the place of the court session and the traffic is very inconvenient;

　　(Three)In the foreign short-term cannot return;

　　(Four)There are other reasons, did not appear in court.

Has the circumstances as prescribed in the preceding paragraph, can by video, testify.

To testify the expenses of the transportation, accommodation, meals and other expenses of 207th witnesses to the court, the people's court shall grant.

Article 208th the compulsory attendance of witnesses, shall be signed by the president of the court to compel witness to appear in court to.

209th trial 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 units and individuals 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;It is necessary for the protection of the decision, shall timely take corresponding measures to protect the.

210th decided to take protective measures not to disclose personal information right of witnesses to testify in court, the expert, the victim, the judges shall verify their identity before the court, to witness to testify truthfully, identification of the guarantee shall not be disclosed, in the judgments, rulings and other legal documents can be used instead of the personal name information.

211st witnesses, authenticators to appear in court, the judges shall verify the identity, and the parties and the relationship, and inform the relevant rights and obligations and legal responsibilities.

A witness, expert witness before the court, should ensure that truthful testimony, expert opinion, and on the signature.

212nd witnesses, authenticators shall ask, first drew notice Party;After questioning, the presiding judge granted, each other also can ask questions.

213rd questions to witnesses shall comply with the following rules:

　　(A)Ask the content should be with the facts of the case concerned;

　　(Two)Not to induce differently;

　　(Three)Not to intimidate the witness;

　　(Four)Personal dignity shall not damage the witness.

The provisions of the preceding paragraph applies to the defendant, the victim, civil litigants, identification, have specialized knowledge of questioning, questioning.

Article 214th the parties interrogation, the way of question improper or content is irrelevant to the case, the other party may challenge, for the presiding judge to stop, the presiding judge shall identify the situation to support or reject;The other did not raise any objections, the presiding judge can also according to the circumstances to stop.

Article 215th the judges deemed necessary, may question the witnesses, authenticators, men with specialized knowledge.

216th to witnesses, expert witnesses, with specialized knowledge questions shall be separately. The witnesses and expert witnesses, have specialized knowledge of the parties or the judges asked questions, the presiding judge shall inform the retired.

The witnesses and expert witnesses, expert knowledge of man shall not sit in on the trial of the case.

217th prosecution, the parties and their defenders and agents ad litem, apply to the court for notification of a specialized knowledge appearing in court, puts forward the suggestion of expert opinion, the reasons shall be explained. The court considers necessary, shall notify the specialized knowledge appearing in court.

Apply specialized knowledge appearing in court, shall not exceed two. There are many kinds of expert opinion, can increase the number of.

With specialized knowledge appearing in court, the relevant provisions of the applicable appraiser.

218th proof party exhibits the evidence, from each other for identification and comments. Both sides can be questioned, debate.

Article 219th the court evidence, has not yet been transferred to the people's court shall be handed over to the court, in the cross examination.

220th court has doubts about the evidence, can inform the public prosecutor, the parties and their legal representatives, the defenders and agents ad litem, supplementary evidence or explanation;When necessary, it may announce an adjournment, carry out investigation to verify the evidence.

Made to the public prosecutor, the parties and their legal representatives, the defenders and agents ad litem, supplement and court court investigation to verify the evidence, shall be subject to cross examination can be used as a basis. However, the out of court to seek the views of both sides have no objection, except.

Relevant information, shall be recorded.

Article 221st the public prosecutor for the show did not transfer to the people's court for the evidence before the court, the defense objection, the presiding judge shall request the public prosecutor reasons;The reason was founded and is to produce the necessary, he shall be permitted to.

The defence defense paper prepared for the new evidence, the court may announce an adjournment, and determined to defend the time.

The defense for the show before the court fails to submit the evidence, the provisions of the preceding two paragraphs are applicable.

Process 222nd court, the parties concerned and the defenders and agents ad litem, apply to summon new witnesses, collect new evidence, to apply for re identification or inspection, shall provide the witness's name, location of the evidence, that intends to demonstrate the facts, reasons for re identification or inspection requirements. The court considers necessary, shall agree, and announced the postponement of the hearing;Do not agree, it shall explain the reasons and continue the trial.

Deferred trial cases, consistent with the 202nd law of criminal procedure prescribed in the first paragraph, can be submitted to the people's court approval to extend the trial period.

The people's court agreed to re appraisal application, shall timely identification, and will inform the people's Procuratorate of expert opinion, the parties and the defender, agent ad litem.

During the 223rd trial, prosecutors found that cases requires supplementary investigation, suggested that the extension of the trial, the collegial panel shall agree, but suggested that the postponement of the hearing shall not be more than two times.

The people's Procuratorate will complement the collection of evidence to the people's court, the people's court shall notify the defenders and agents ad litem, consult, extract, replication.

Supplementary investigation after the expiration of the time limit, the court notice, the people's Procuratorate fails to transfer the case to the people's court, and does not explain the reason, the people's court may decide according to the people's Procuratorate withdrawing treatment.

Evidence 224th court to the people's Procuratorate obtained requires investigation and verification, or according to the defendant, the defender's application to the people's Procuratorate, obtained in the investigation, prosecution period collected about the defendant not guilty evidence, shall notify the people's Procuratorate received on the obtaining of evidence materials within three days after the handover.

Process 225th court for sentencing, and the relevant facts, evidence, should carry out a survey.

The people's court shall review whether the defendant is in addition to the statutory sentencing plot, should also be based on the circumstances of the case review the following effects of sentencing plot:

　　(A)The case;

　　(Two)The victim has no fault and fault degree, whether on the intensification of contradictions responsible and responsibility;

　　(Three)Close relatives of defendant is captured the assistance of the defendant;

　　(Four)The defendant ordinary performance, there is no repentance attitude;

　　(Five)Ultimately, restitution and compensation;

　　(Six)The defendant is understanding the victims or their close relatives;

　　(Seven)Other circumstances of sentencing.

During the 226th collegiate bench trial, found the defendant may have surrendered, frankly, crime legally prescribed circumstances of sentencing, there is no evidence materials and the people's Procuratorate to the files, it shall notify the people's Procuratorate for.

During the trial, the defendant raises new clue, the people's court may suggest that the people's Procuratorate for supplementary investigation.

227th on defendant confession cases, understanding the indictment charges in the confirmation of the defendant's criminal facts and the legal consequences of crime, voluntarily pleaded guilty and have pleaded guilty, the court investigation can focus on sentencing and other contentious issues of.

The defendant not guilty or defendants pleaded not guilty cases, the court investigation shall be based on the identified conviction, to ascertain the facts of sentencing.

The third section the court debate and the final statement

228Th collegial panel that the facts of the case has been investigated, the presiding judge shall court investigation ended, conviction, sentencing to the facts, evidence and the law of the court debate.

Article 229th the court debate shall be the presiding judge in charge, shall be conducted in the following order:

　　(A)Prosecutors say;

　　(Two)The victim and his agents ad litem to speak;

　　(Three)The defendant to defend himself;

　　(Four)Defence;

　　(Five)Both sides of the debate.

230th people's procuratorate can provide sentencing recommendations and the reasons, the sentencing recommendations shall generally have a certain range. The party and the defender, agent ad litem may put forward opinions and explain the reasons of sentencing.

231st cases admitted to the defendant, the court debate, can lead to both sides mainly focused on sentencing and other contentious issues of.

The defendant not guilty or defender of the case pleaded not guilty, the court debate, can guide the parties to debate the conviction, sentencing questions after debate.

232nd incidental civil part of the debate shall be conducted in the criminal part of the end of the debate, the plaintiff of the supplementary civil action and the agents ad litem to speak, by the defendant and his agent ad litem reply.

Article 233rd the court debate, the presiding judge shall fully listen to the views of both sides, on both sides are irrelevant to the case, repeated or accused each other of the speech should be reminded, stop.

234Th court debate, the collegial panel found with conviction, sentencing the new facts, it is necessary to investigate, the presiding judge may suspend resume debate, court investigation, in fact finding new, continue to debate in court.

235th judge announced the end of the court debate, the collegial panel shall ensure that the defendant to fully exercise the right to present a final statement. The accused man repeated his views in the final statement, the judge can stop. The statement in contempt of court, the public prosecutor, harm others and social public interests, or irrelevant to the case, shall stop.

In a public hearing of the case, last statement by defendant content involving state secrets, personal privacy or commercial secrets, shall stop.

Article 236th the defendant proposed new evidence of fact, in the final statement, the collegial panel that may influence the correct judgment, shall be restored to the court investigation;The defendant proposed new collegial panel justification, that may affect the correct judgment, shall restore the court debate.

The fourth day review cases and judgment

The final statement of 237th defendants, the presiding judge shall announce an adjournment, by a collegial panel to review.

The 238th trial of all activities, it shall make a written record by the clerk;Record review after the presiding judge, respectively by the judge and the court clerk signature.

Article 239th the court record shall be submitted by the parties after the trial, legal representative, the defenders and agents ad litem, read or read Xiang Qi.

The court record of the witnesses, authenticators, have specialized knowledge of testimony, opinion section, shall, after the trial were handed over to the relevant personnel to read or read out to them.

Person mentioned in the preceding two paragraphs that there are omissions or errors in the record, you can request for supplementation or correction;After confirmation, shall be signed;Refused to sign, shall be recorded;Requests to change the court stated, shall not be permitted to.

240th collegiate cases, should be based on facts, evidence and the relevant legal provisions have been identified, based on the full consideration of the opinions of both sides, to determine whether the defendant is guilty, constitute what crime, there is no heavier, lighter, mitigated punishment or be exempted from punishment circumstances, be sentenced to criminal punishment, which, incidental to to solve the civil procedure, how to deal with property and its attachment, seizure, freezing of the fruits, and shall make a judgment, ruling.

Article 241st the first instance on a case of public prosecution, the people's court shall, according to the following circumstances make a judgment, ruling respectively:

　　(A)The prosecution alleged facts are clear, the evidence is, full, according to the law that the defendant convicted, shall make a guilty verdict;

　　(Two)The prosecution alleged facts are clear, evidence really fully charged, the cognizance of the trial, the charges and charges inconsistent, shall make a guilty verdict according to hearing that;

　　(Three)The case facts are clear, the evidence is sufficient, and the defendant is not guilty, according to law, shall decide that the defendant is innocent;

　　(Four)The lack of evidence, not the defendant is guilty, should be based on lack of evidence, the crime accused cannot be established, the judgment is pronounced, the defendant not guilty;

　　(Five)Parts of the case facts are clear, the evidence is reliable and sufficient, shall make a guilty or not guilty verdict;The facts are not clear, the lack of evidence, shall not be recognized;

　　(Six)The accused person under sixteen years of age, are not subject to criminal punishment, shall decide that the defendant shall not bear criminal responsibility;

　　(Seven)The defendant is a mental patient, was unable to recognize or control his own behavior harm results, are not subject to criminal punishment, shall decide that the defendant shall not bear criminal responsibility;

　　(Eight)Crime has been the limitation period for prosecution and not must be prosecuted by amnesty, or exemption from criminal punishment, shall be ordered to terminate the trial;

　　(Nine)The defendant's death, shall decide to terminate the trial;According to ascertain the facts of the case and evidence, to confirm the innocent, the court shall declare the innocence of the defendant.

With the provisions of the second case, the people's court shall listen to the opinions of both sides before the judgment, the defendant's defense, the full exercise of the right of defense. When necessary, can be re trial, the organization of both sides around the defendant's acts constitute what crime debate.

Article 242nd before a judgment is pronounced, the people's procuratorates demand the withdrawal of prosecution, the people's court shall review the prosecution to withdraw the reason, whether or not to approve the decision made.

During the 243rd trial, the people's court may affect the discovery of new facts, conviction, suggest that the people's Procuratorate for supplementary or change prosecution;The people's procuratorates do not agree or within seven days of no reply, the people's court shall prosecute criminal facts, in accordance with the provisions of article 241st, explain the decision rule.

Article 244th in accordance with the 181st interpretation of the first fourth provisions of the admissibility of the case, the people's court shall in the judgment that the defendant had been people's Procuratorate prosecution, because of a lack of evidence, the crime accused cannot be established by the people's court according to law, judgment of acquittal cases;The former case in accordance with the law of criminal procedure 195th third provisions of the decision shall not be revoked.

245th members of a collegial panel shall be signed by the review record, in the judgment, ruling signed books and other legal documents.

Article 246th the judgment shall state the judgment basis, explain the reasons, reflect the views of both adopt or not to adopt and explain the reason.

247th court judgment, judgment shall be delivered within five days. Regular declaratory judgment, should be announced in advance before the verdict, sentencing the time and place, to summon the parties and inform the public prosecutor, legal representative, defenders and agents ad litem;After the judgment is pronounced, shall be immediately delivered the verdict.

The judgment shall be served to the parties, the people's Procuratorate, legal representative, the defender, agent ad litem, and can be served on the defendant's close relatives. After the verdict, should also be served on the defendant or the unit where the original household registration of the local police station, the registration authority or the defendant unit.

248th pronouncement of judgment, will be open to the public. The public prosecutor, the defender, agent ad litem, the victim, private prosecutor or the plaintiff of the supplementary civil action does not appear, do not affect the sentencing of.

Upon pronouncement of a judgment result, staff court shall stand up.

The fifth section court rules and other provisions

Process 249th court, participants in the proceedings, auditors shall abide by the following rules:

　　(A)Obey the court command, abide by the court etiquette;

　　(Two)No applause, noise, noise, random walk;

(Three)Not recording, video on trial activities, 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;

　　(Four)Auditors shall be allowed to speak, questioning;

　　(Five)Shall carry out other acts of disrupting the order of the court.

Process 250th court, participants in the proceedings or bystander disrupting the order of the court, the presiding judge shall handle it according to the following circumstances:

　　(A)If the circumstances are relatively minor, we should stop and disciplinary warning;

　　(Two)Not to stop, can command was forced out of the courtroom;

　　(Three)If the circumstances are serious, report to the president of the court approval, can on the behavior of detention to a fine of one thousand yuan or fifteen days following;

　　(Four)Unauthorized audio, video, photography or by e-mail, blog, micro blog and other ways to spread the hearing situation, can temporarily storage media or related equipment.

Participants in the proceedings, the observers refuses to accept the penalty, the detention decision, it may apply for reconsideration to the people's court at a higher level, can also through the decision made by the people's court fines, detention to the people's court at the next higher level for reconsideration. The people's court decided to apply for reconsideration fines, detention, the people's court shall within three days of receipt of the application, the application for reconsideration, fines or detention decision and the relevant facts, evidence materials submitted a higher people's court review. During the period of reconsideration, does not stop the execution of the decision.