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What are the court proceedings of the crime of forced trading

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What are the court proceedings of the crime of forced trading


        

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  • 2024-06-19 16:00:56

    The process is as follows:
    1、 Announcing the court session
    1. The presiding judge shall ascertain whether the parties are present in court.
    Check the name, nationality, native place, date of birth, educational level, occupation, address, criminal history of the defendants one by one, whether they have received the indictment, and when. If the defendant is an ethnic minority who does not know Chinese, an interpreter shall be provided for him. If the defendant is under the age of 18, his guardian shall be notified to appear in court and a defense lawyer shall be appointed for him. If the defendant has not received the indictment or has not received the indictment for less than 10 days, the hearing shall be postponed.
    2. Announce the source of the case.
    Inform the parties that today the court heard the accusation of a certain person suspected by a certain procuratorate.
    3. Announce the list of members of the collegial panel, clerks, public prosecutors, defenders, agents ad litem, expert witnesses and interpreters; Inform the parties that they have the right to apply for withdrawal from the members of the collegial panel, the clerk, the public prosecutor, the expert witness and the interpreter; Inform the defendant of his right to defense.
    4. Inform the defendant of his rights. It includes the right to apply for withdrawal, the right to defend oneself, the right to submit evidence, the right to apply for new witnesses to appear in court, the right to apply for new evidence, the right to apply for re identification, re inspection, and the right to make a final statement.
    5. Interrogate whether the defendant applies for withdrawal.
    If the reasons for the defendant's application for withdrawal comply with the provisions of the Criminal Procedure Law, the court will be adjourned. Report to the president of the court or the chief procurator for decision. If the reasons for the application do not conform to the provisions of the Criminal Procedure Law, the presiding judge shall reject the application in court.
    6. Announce whether the case will be heard in public or not and the reasons therefor.
    7. Declare court discipline.
    2、 Court investigation stage
    1. Reading out the indictment
    The public prosecutor read out the criminal indictment.
    The plaintiff of the incidental civil action read out the indictment of the incidental civil action.
    2. Interrogate the defendants separately
    If there are more than one defendant, the court will only leave one defendant for interrogation, and the other defendants will withdraw from the court.
    The defendant shall first state his own opinion on the indictment.
    The accused was cross examined by the prosecution and the defence. The order of interrogation is the public prosecutor, the victim, the plaintiff in the incidental civil action, the defender, and the agent ad litem.
    Judges may also interrogate the defendant.
    3. Ask witnesses and experts
    When a witness gives testimony, the judge shall inform him of his truthful testimony and the legal responsibility for intentionally giving false testimony or concealing criminal evidence.
    The public prosecutor, parties, defenders and agents ad litem may, with the permission of the presiding judge, question witnesses and expert witnesses. When the presiding judge considers that the content of the question is irrelevant to the case, he shall stop it.
    Judges may question witnesses and expert witnesses.
    Witnesses and expert witnesses shall not attend the hearing.
    4. Show evidence
    The public prosecutor and the defender shall show material evidence to the court for identification by the parties.
    The transcripts of the testimony of the witnesses who did not appear in court, the expert conclusions of the experts, the transcripts of the inquest and other documents used as evidence shall be read out in court.
    The judges shall listen to the opinions of the public prosecutor, the parties, the defenders and the agents ad litem.
    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 inquest, inspection, seizure, appraisal, inquiry and freezing.
    5. Application for new certificate
    The presiding judge asked the defendant, "Is there any new evidence to be shown?"
    The parties, defenders and agents ad litem shall have the right to apply for notifying new witnesses to appear in court, obtaining new material evidence, and applying for re appraisal or inquest.
    The court shall decide whether to approve the above application.
    6. Application for the presence of persons with expertise
    The public prosecutor, the parties, the defenders and agents ad litem may apply to the court to notify persons with expertise to appear in court and give opinions on the expert opinions made by the expert witnesses.
    The court shall decide whether to approve the above application.
    This is an additional procedure in the new Criminal Procedure Law implemented this year.
    3、 Court debate stage
    1. The presiding judge announced the end of the court investigation and the beginning of the court debate.
    2. The public prosecutor delivers a public statement.
    3. The victim expresses complaints.
    4. The defendant's statement and defense.
    5. The defender delivers his defense statement.
    6. Debate with each other.
    7. When new facts that may affect the judgment are found in the debate, the presiding judge announces to stop the debate and resume the court investigation.
    8. After the criminal debate, the prosecution and the defense debate the civil part.
    9. The defendant makes a final statement.
    4、 Court mediation stage
    The presiding judge asked whether the parties to the incidental civil action were willing to mediate.
    If both parties require mediation, the court may mediate the incidental civil action.
    If there is no incidental criminal proceedings or one party is unwilling to accept mediation, mediation will not be conducted.
    5、 Evaluation and sentencing
    1. The presiding judge declares an adjournment.
    2. The prosecution and the defense hand over evidence to the court.
    3. The parties check the record and sign.
    4. The members of the collegial panel shall review the opinions of both the prosecution and the defense. The review was conducted in secret.
    5. If the members of the collegial panel have major differences or disagree with the collegial panel's opinions, they shall be submitted to the judicial committee for discussion and decision.
    6. Make a judgment.
    7. Continue the hearing and read the judgment.
    Legal basis:
    Article 198 of the Criminal Procedure Law: During court proceedings, facts and evidence related to conviction and sentencing should be investigated and debated. With the permission of the presiding judge, the public prosecutor, the parties, the defenders and agents ad litem may express their opinions on the evidence and the situation of the case and may debate with each other. After the presiding judge declares the end of the debate, the defendant has the right to make a final statement.

    One***

    2024-06-19 16:00:56

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