The trial transcript of the criminal case is very urgent, can the trial transcript be called up?

Legal analysis: The court may obtain the trial transcript. Access to the trial transcript:

1) If the parties want to go to the court to copy the trial transcript, they should obtain the consent of the trial chief. (2) If it is to be used as evidence in other lawsuits, it may be obtained by applying to the current people's court in accordance with law; (3) If there are no specific provisions of the Supreme People's Court, it may be presumed that the trial is presided over by the chief judge, and since there are no provisions of the Supreme People's Court, local courts may set their own work rules, which shall be complied with.

Legal basis: Article 50 of the Civil Procedure Law of the People's Republic of China The parties have the right to entrust a person to propose an application for recusal, collect and provide evidence, conduct debate, request mediation, file an appeal, and apply for enforcement. The parties are able to inspect the relevant formalities of this case, and can copy the relevant formalities and legal documents of this case.

The scope and methods for inspecting and reproducing the relevant formalities in this case are to be limited by the Supreme People's Court.

Legal analysis: If the parties need to view the trial transcript, the trial transcript can be retrieved.

Access to the transcript of the hearing during the appeal period:

1) Now if the parties want to go to the court to bury the trial transcript, they should obtain the consent of your presiding judge.

2) If it is to be used as evidence in other litigation, it may apply to the current people's court for correction and collection in accordance with law;

3) There are no specific provisions of the Supreme People's Court, and it can be inferred that the presiding judge will uphold the rules of the trial, and since there are no provisions of the Supreme People's Court, local courts may set their own work rules, which should be complied with.

Legal basis: Article 49 of the Civil Procedure Law of the People's Republic of China The parties have the right to entrust a person to submit an application for recusal, collect and provide evidence, conduct debate, request mediation, file an appeal, and apply for enforcement. The parties may consult the relevant materials of the case, and may make copies of the relevant materials and legal documents of the case.

The scope and methods for inspecting and reproducing materials related to this case are to be provided for by the Supreme People's Court. The parties must exercise their litigation rights in accordance with the law, abide by the litigation order, and perform the judgments, rulings and mediation documents that take legal effect.

Judging from the evidence**, the transcript of a criminal case is also illegal as evidence in civil proceedings. Criminal investigation activities are a severe measure taken by the organs of state power in accordance with the law in order to investigate the criminal responsibility of criminal suspects, and they are the most severe restrictions on citizens' personal freedom. The Criminal Procedure Law stipulates that the person who has the right to copy the investigation record is the competent authority and the defense lawyer, and the outsider has no right to make the copying, and if the outsider holds the evidence, it should be illegal, and according to the rules for the exclusion of illegal evidence, the evidence cannot be used as evidence and should be excluded.

The Provisions on Several Issues Concerning the Criminal Defense of Lawyers (Draft for Soliciting Comments from Qingming) also have some directions**: defense lawyers shall lawfully keep confidential the circumstances of the case that they learn of through consultation, and properly keep the case file materials that have been copied or reproduced in a proper manner, and must not use them for purposes other than the defense of the case.

Article 63 of the Civil Procedure Law of the People's Republic of China includes: (1) the statements of the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records. Evidence must be verified to be true before it can be used as a basis for determining facts.

Trial records, also known as court records or trial records, are indispensable written materials for the court to adjudicate cases, and it is a written record made by the clerk during the court trial that simultaneously reflects the true situation of all trial activities.

I. Format of trial records in criminal cases.

The trial record of the criminal case is based on the actual situation.

2. Who has jurisdiction over criminal cases.

Article 19 of the Criminal Procedure Law stipulates that basic level people's courts have jurisdiction over first-instance ordinary criminal cases, except where a higher level people's court has jurisdiction in accordance with this Law. It can be seen from this provision that China's basic level of trial is the basic level of first instance of ordinary criminal cases, and in principle, the first instance of ordinary criminal cases is under the jurisdiction of the basic level people's courts.

Article 20 of the Criminal Procedure Law stipulates that the Intermediate People's Court has jurisdiction over the following first-instance criminal cases:

1) Criminal cases that endanger national security;

2) Ordinary criminal cases where a sentence of life imprisonment or death might be given;

3) Criminal cases of crimes committed by foreigners.

Article 21 of the Criminal Procedure Law stipulates that the first-instance criminal cases under the jurisdiction of the High People's Court are major criminal cases of the whole province (autonomous region or municipality directly under the Central Government). The High People's Court is the highest level of local people's court at all levels, that is, the highest level of adjudication organ in a province (autonomous region, municipality directly under the Central Government), and its main tasks are to try appeals and prosecutorial counter-appeals adjudicated by intermediate people's courts, to review death penalty cases, to approve cases in which the death penalty is suspended for two years, and to supervise the adjudication work of the lower people's courts in the whole province (autonomous region or municipality directly under the Central Government).

First-instance criminal cases under the jurisdiction of the Supreme People's Court are major criminal cases of national significance. The Supreme People's Court is the highest adjudication organ in the whole country, and in addition to approving the death penalty, criminal cases tried by the Supreme People's Court as the first instance should only be very rare, have a major impact on the whole country, and be particularly serious in nature and circumstances. It will help the Supreme Court concentrate its main energies on supervising and guiding the adjudication work of the people's courts across the country.

3. The composition of criminal cases should be patient.

1) Elements of the time of the crime;

2) Elements of the space in which the crime was committed;

3) Elements of persons related to the case;

4) Elements of conduct related to the case;

5) Elements related to the case.

Article 63 of the Civil Procedure Law of the People's Republic of China includes: (1) the statements of the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records. Evidence must be verified as true before it can be used as the basis for Qingming to determine the facts.

If it is a witness, it will not take a long time to take a record and be questioned, and it will come back after explaining the incident clearly, and it is not a coercive measure. If a custodial summons or summons is used against a criminal suspect, the maximum duration is 24 hours, and the duration is not more than 12 hours, with the necessary rest and eating time in between. "The duration of a summons or custodial summons must not exceed 12 hours; Where the circumstances of the case are particularly major or complex, and it is necessary to employ measures of detention or arrest, the duration of the summons or custodial summons must not exceed 24 hours.

Suspects must not be covertly detained in the form of continuous summons or custodial summonses. When summoning or custodial a suspect, the suspect's diet and necessary rest time shall be ensured. "Custodial summons refers to a compulsory measure taken by public security organs, people's courts, and people's procuratorates to compel criminal suspects or defendants who are not in custody to appear in the case for interrogation.

Public security organs may custodial criminal suspects who need to be summoned or who have been summoned and do not appear in the case without a legitimate reason, and detain them to a designated location in the city or county where they are located for interrogation. When a custodial summons is issued, the "Custodial Summons Certificate" shall be presented, and the "Custodial Summons Certificate" shall be ordered to sign (affix a seal) and have their fingerprints pressed. The duration of custodial summons must not exceed 12 hours, and criminal suspects must not be covertly detained in the form of continuous custodial summonses.

Article 92 of the Criminal Procedure Law stipulates that a criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, provided that the supporting documents of the people's procuratorate or public security organ are presented. The duration of a summons or custodial summons must not exceed 12 hours.

Criminal suspects must not be covertly detained in the form of continuous summons or custodial summonses.

Article 63 of the Civil Procedure Law Evidence includes: (1) the statement of the party who responds to the complaint; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Qingming appraisal opinions; (8) Inquest records. Evidence must be verified to be true before it can be used as a basis for determining facts.