What are the judicial procedures that will be followed after sentencing?

Updated on society 2024-03-26
7 answers
  1. Anonymous users2024-02-07

    After the verdict is handed down, the sentence is served, and if the defendant is not satisfied with the verdict, he can appeal.

  2. Anonymous users2024-02-06

    If they are dissatisfied with a judgment or ruling that has already taken legal effect, they may submit a complaint to the people's court or people's procuratorate, and recommend that a lawyer be retained to understand the specific circumstances of the case and provide legal assistance.

    Criminal Procedure Law of the People's Republic of China

    Chapter V: Trial Supervision Procedures.

    Article 241:Parties, their legally-designated persons, and close relatives may submit appeals to the people's courts or people's procuratorates against judgments or rulings that have already taken legal effect, but enforcement of the judgment or ruling cannot be stopped.

  3. Anonymous users2024-02-05

    Legal analysis: The procedural process from the occurrence of a crime to sentencing is mainly divided into four stages: case filing, investigation, prosecution, and trial. It is briefly described as follows:

    1. File a case. Where, after preliminary investigation, an organ with investigative authority receives a report, accusation, or report, or a criminal lead transferred by another organ, finds that the conditions of "criminal conduct has occurred + need to be pursued for criminal responsibility" are met, they shall file a case for investigation. This is the starting point of the procedure for criminal recourse in a public prosecution case.

    2. Investigation. After a case is filed, an organ with investigative powers adopts a series of statutory investigative acts to collect evidence of guilt and innocence, as well as evidence of conviction and sentencing, to further ascertain the facts of the case. During the investigation phase, criminal detention and arrest may be taken against the suspect.

    3. Review and prosecute.

    After the investigation is concluded, the investigating organ transfers the case as a whole to the public prosecution organ within the statutory time limit, and after conducting a review, initiates a public prosecution with the court in accordance with law. In our country, the procuratorate is in charge. During this period, there may be situations such as return, supplementary investigation, and other regression of procedures and non-prosecution.

    4. Trial. The organ with jurisdiction initiates the first-instance criminal trial procedure on the basis of the charges made by the public prosecution. Including legal procedures such as court investigation, court debate, party statements, collegial panel deliberation, and procedures for reaching judgments.

    In a criminal case that goes through the above-mentioned series of procedures, there is no appeal within 10 days after the first-instance trial is announced, or after the second-instance judgment is announced, a valid basic judgment is produced.

    Legal basis: Criminal Procedure Law of the People's Republic of China

    Article 109: When the Gongling Fengchun An organ or the people's procuratorate discovers the facts of the crime or the criminal suspect, it shall file the case for investigation in accordance with the scope of its jurisdiction.

    Article 116: After investigation, public security organs shall conduct a preliminary trial in cases where there is evidence to prove the facts of a crime, and verify the evidence materials collected or collected.

  4. Anonymous users2024-02-04

    Legal Analysis: No, a criminal case must go through several steps of filing, investigation, prosecution, and trial. The letter of understanding may be considered as a sentencing circumstance, and the court may impose a lighter punishment. There are many circumstances in sentencing, such as voluntary surrender, meritorious service, and so on.

    Legal basis: "Several Opinions of the Supreme People's Court on Implementing the Criminal Policy of Blending Leniency and Severity" Article 23: Where the defendant actively compensates the victim after the case has occurred, and admits guilt or repents, it may be considered as a discretionary sentencing circumstance in accordance with law. Where the victim and his family express forgiveness to the defendant for crimes caused by the intensification of civil disputes such as marriage and family, it shall be considered as a discretionary sentencing circumstance.

    Where the circumstances of the crime are minor and the victim's forgiveness is obtained, a lenient disposition may be given in accordance with law, and where a criminal punishment is not necessary, criminal punishment may be waived.

  5. Anonymous users2024-02-03

    The process of a criminal case in the trial stage of the court is as follows: (1) Pre-trial preparation. Consult the case file materials transferred by the public prosecutor for review and prosecution; (b)**.

    **Before the trial, the clerk shall ascertain whether the participants in the proceedings have appeared in court; (3) Court investigations. ascertain the facts of the case by questioning the defendant or witnesses and presenting evidence and cross-examining evidence; Wait a minute.

  6. Anonymous users2024-02-02

    Legal Analysis: It generally goes through three stages, namely, the investigation stage (public security organs), the review and prosecution stage (the people's procuratorate) and the trial stage.

    Legal basis: Criminal Procedure Law of the People's Republic of China Article 111: Reports, accusations, or reports may be submitted in writing or orally. Staff members who receive oral reports, accusations, or reports shall write a record, and after it is read out correctly, the person making the report, accuser, or informant is to sign or affix a seal.

    Staff members who receive accusations or reports shall explain to the accuser or informant the legal responsibility they should bear for false accusations. However, as long as it is not a fabrication of facts or fabrication of evidence, even if there are discrepancies in the facts of the accusation or report, or even if it is wrongly accused, it must be strictly distinguished from false accusation.

    Public security organs, people's procuratorates, or people's courts shall ensure the safety of informants, accusers, or informants and their close relatives. If the informant, accuser, or informant is unwilling to disclose his or her name or the conduct of the report, accusation, or whistleblower, he shall keep it confidential.

  7. Anonymous users2024-02-01

    Legal analysis: It generally goes through three stages, namely, the investigation stage (public security organs), the review and prosecution stage (the people's procuratorate) and the trial stage (people's courts).

    Legal basis: Article 111 of the Criminal Procedure Law of the People's Republic of China: Reports, accusations, or reports may be submitted in writing or orally. Staff members who receive oral reports, accusations, or reports shall write a record, and after it is read out correctly, the person making the report, accuser, or informant is to sign or affix a seal.

    Staff members who receive accusations or reports shall explain to the accuser or informant the legal responsibility they should bear for false accusations. However, as long as the facts are not fabricated or evidence is fabricated, even if there are discrepancies in the facts of the accusation or report, or even if the accusation is falsely reported to the world, it must be strictly distinguished from false accusation.

    Public security organs, people's procuratorates, or people's courts shall ensure the safety of informants, accusers, informants, and their close relatives. If the informant, accuser, or informant is unwilling to disclose his or her name or the conduct of the report, accusation, or report, he shall keep his secret.

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