Law has always been a subject that involves a wide range of subjects and is difficult to learn. After all, being a lawyer or judge has many problems to face, so there are many problems in life to learn. After all, it is to protect the rights of the people, so it must be particularly careful. Therefore, many people will watch many famous teachers' course videos when they study law. Today, let's introduce to teachers in senior high school.
Xiang Gaojia
Trained from teacher Wang Haiyan (a god level punishment teacher in the age of the examiners, who has faded out of the training industry), one of the top ten singers in the University of France, and the most artistic teacher in the field of legal examination training (who can write songs and sing songs, station B can pay attention to it). Because of his unique talent and ability, he also made a very good pithy formula for criminal prosecution to high school teachers. A teacher with great personal charm.
Xiang Gaojia, a contract teacher of the Criminal Procedure Law, has many years of experience in judicial examination training, and has his own unique way and skills for the teaching of procedural law. The teaching is humorous and energetic, and its clear handouts and easy to understand interpretation are impressive. Teacher Xiang Gaojia is good at grasping the idea of problem setting, and has his own unique skills for the trap interpretation of the problem setter, so that examinees can improve their problem-solving skills after listening to the class.
The pithy formula told to the senior high school teacher in class
1. Wide concentration
In Article 156 of the Criminal Procedure Law, if the investigation of the following cases cannot be concluded at the expiration of the time limit specified in Article 154 of this Law, it may be extended for two months upon approval or decision of the People's Procuratorate of a province, autonomous region or municipality directly under the Central Government:
① Major and complicated cases in remote areas with very inconvenient transportation;
② Major criminal group cases;
③ Major and complex cases of wandering crime;
④ Major and complex cases involving a wide range of crimes and difficult to obtain evidence.
2. In person and orally
The principle of direct speech means that the judge must personally listen to the oral statements of the parties, witnesses and other participants in the proceedings in court, and the facts and evidence of the case must be presented orally by both the prosecution and the defense in court and investigated by means of oral debate and cross examination. The direct verbal principle includes the direct principle and the verbal principle.
3. People don't change, things don't stop
The principle of centralized trial, also known as the principle of non interruption of trial, refers to the litigation principle that the fa court should hold court sessions to hear cases without changing the judges and without interrupting the trial.
4. Not annoying
The convening of the pretrial meeting:
① A party or his defender or agent ad litem applies for the exclusion of illegal evidence;
② There are many evidential materials and the case is significant and complicated;
③ Significant social impact;
④ Other circumstances requiring a pre court meeting.
5. First instance can have
Scope of application of jurors: collegial panel of first instance.
6. Wrong jurisdiction, absent person, no new evidence, re prosecution, Article 15 2 to 6
The results of the people's fa court's pre-trial examination and handling of the case of public prosecution:
① If it is a crime of personal prosecution, it shall be returned to the procuratorate and the victim shall be informed of the right to initiate private prosecution;
② If it is not under its jurisdiction or the defendant is not on the case, it shall be returned to the procuratorate;
③ Need to supplement materials and insufficient evidence;
④ Comply with Article 15 of the statutory non prosecution except for "significantly minor" cases.
7. 2+1+3+X: dead people pay
Trial limit of first instance:
① The sentence shall be pronounced within 2 months after acceptance;
② No later than 3 months;
③ With the approval of the people's fa court at the next higher level, a period of three months may be extended for cases that may be sentenced to death or cases with incidental civil actions, as well as for cases that fall under one of the circumstances specified in Article 156 of this Law (with wide cross cutting);
④ If the extension is needed due to special circumstances, it shall be reported to the Zui High People's FA Court for approval.
8. The first choice is the boss, or else
Litigation representative of the unit defendant:
The litigation representative of the defendant unit shall be the legal representative or the principal person in charge; If the legal representative or the main responsible person is accused of being the person in charge directly responsible for the unit crime or is unable to appear in court due to objective reasons, the defendant unit shall entrust other responsible persons or employees.
9. New evidence, supplementary investigation and avoidance
Circumstances for deciding to postpone the hearing:
In the process of court trial, if one of the following circumstances occurs, which affects the trial, the trial may be postponed:
① It is necessary to notify new witnesses to appear in court, obtain new material evidence, conduct a new appraisal or conduct an inquest;
② The procuratorate needs to make supplementary investigation and make suggestions;
③ The trial cannot proceed because the party concerned applies for withdrawal.
10. He's gone He's crazy
Adjudication of suspension of hearing:
During the trial, if one of the following circumstances occurs, which makes it impossible to continue the trial for a long time, the trial may be suspended:
① The defendant is unable to appear in court due to serious illness;
② The defendant escapes;
③ The private prosecutor is unable to appear in court due to serious illness and has not entrusted an agent ad litem to appear in court;
④ Due to irresistible reasons.
11. Overtime, amnesty, telling and death
Adjudication of termination of hearing:
Article 15, items 2-6, of the Criminal Procedure Law.
12. Clear, guilty and agreed (three conditions are met at the same time)
Scope of application of summary procedure (positive scope):
The people's fa court may apply summary procedure to the cases under the jurisdiction of the grass-roots fa court that meet the following conditions at the same time:
① The facts of the case are clear and the evidence is sufficient;
② The defendant pleaded guilty;
③ The defendant has no objection to the application of summary procedure.
13. Defective, influential, not guilty
Scope of application of summary procedure (negative scope):
① The defendant is blind, deaf or mute;
② The defendant is a mental patient who has not completely lost the ability to recognize or control his own behavior;
③ Having significant social impact;
④ Some defendants in a joint crime case do not plead guilty or have objections to the application of summary procedure;
⑤ The defender pleads innocence;
⑥ The defendant pleads guilty, but it is considered that it may not constitute a crime after examination;
⑦ Other circumstances that are not suitable for summary proceedings.
The above is a collection of some pithy formula that will be used in the class with Senior High School Teacher Jia. If you are interested, you can go to station B and other platforms to search his courses for learning, which will certainly help you learn law.
