What is the trial process?
1, the plaintiff sued;
2. The court will serve a copy of the indictment on the defendant after accepting it;
3. The defendant submits the defense within fifteen days, and the court will serve a copy of the defense to the plaintiff within five days. If the defendant fails to submit the defense, it will not affect the trial;
4. If a hearing is decided, the parties concerned shall be notified and announced three days before the hearing;
5, the court investigation stage, inform the rights and obligations of witnesses, witnesses to testify in court, read out the testimony of witnesses who did not appear in court;
6, the court debate, the end of the court debate, by the presiding judge in accordance with the plaintiff, the defendant, the third person's order to consult the final opinions of all parties;
7. The verdict was announced. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time.
Hearing in court is the most basic and important stage in the ordinary procedure, and it is the most concentrated and vivid embodiment of the parties exercising their right to appeal and the people's court exercising their judicial power, which is of great significance to the people's court correctly hearing civil cases. The result of the trial is a judgment, and the judgment made by the court becomes an effective judgment after it meets the effective conditions, and the effective judgment enters the execution procedure.
What are the conditions for sentencing in court?
1, the facts of the case are clear. Clear facts of a case are the basic conditions for judging a case. Only when the facts are clear can we correctly apply the law and make a judgment. If the facts are unclear, the judgment cannot be executed.
2, must be pronounced in court. If a sentence is pronounced at the residence of the party concerned, it cannot be regarded as a sentence pronounced in court.
3. The judgment must be announced on the second day after the trial investigation, or regularly every other day.
4. The trial debate before sentencing must have new substantive content. If you deliberately make an empty investigation and pronounce a sentence after the debate, just to show the sentencing rate in court, it is not a real court verdict.
Legal basis:
Article 67 of the Criminal Procedure Law The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Article 9 of the Rules of the People's Court of People's Republic of China (PRC) stipulates that citizens may attend public hearings. When the attendance seats cannot meet the needs, the people's court may issue the attendance seats in the order of application or by drawing lots or shaking numbers, but priority shall be given to the close relatives of the parties or other interested parties to attend the case.