The procedure for the work of the Public Prosecutor in the Tribunal

1. Read out the indictment;

2. Interrogation of the defendant;

3. Interrogate witnesses, victims, and evaluators;

4. Present physical evidence, read out documentary evidence and testimony records of witnesses who did not appear in court, appraisal conclusions of appraisers, inquests, inspection records and other documents used as evidence, and provide audio-visual materials as evidence to the court for the court;

5. Expressing opinions on evidence and case situation;

6. Defend the defense opinions of the defendant and the defender;

7. Supervise court trial activities.

The first-instance trial procedure consists of four parts:

The first is the court investigation, in which the prosecutor mainly reads the indictment and presents evidence for cross-examination.

The second is the courtroom debate, in which the prosecutor argues mainly around the issues pointed out by the defence.

The third is the defendant's final statement, which is listened to by the prosecutor.

Finally, the verdict is announced, and the prosecutor listens.

Public prosecutor refers to the person who does not directly file a lawsuit by the parties, but is initiated by the judicial organ of the state, and in China is mainly served by the judicial personnel of the people's procuratorate, that is to say, the person who serves as a lawsuit in the people's procuratorate is the public prosecutor.

Prosecutors in different courts don't necessarily do the same thing!

Legal Analysis: **Trial Process:

1. **, the judge will first look at the identity documents of both parties, and then read out a series of court trial rules, asking whether the parties require the court personnel to recuse themselves, etc., and generally do not need to recusal.

2. The judge requires the plaintiff to state his claims and reasons for the lawsuit, and present evidence (sometimes in order to save time, the judge will generally use a sentence to say that the defendant has read the content of the lawsuit, then this step can be omitted). Unless the plaintiff has a new statement, which can be supplemented.

3. The defendant filed against the plaintiff. Wait a minute.

Legal basis: "Judges Law of the People's Republic of China" Article 2: Judges are adjudicators lawfully exercising state adjudication power, including presidents, vice-presidents, adjudication committee members, division heads, deputy division heads, and adjudicators of specialized people's courts such as the Supreme People's Court, local people's courts at all levels, and military courts.

The main duty of the public prosecutor is to represent the people's procuratorate in the case of the public prosecution, to attend the court to support the public prosecution on behalf of the people's court, in the capacity of the state public prosecutor, to further expound the public prosecution's accusations, and through the presentation of evidence, cross-examination of evidence, and debate, to enable the collegial panel to confirm the public prosecution's accusations against the defendant, to pronounce the defendant guilty in accordance with the law, and to impose the corresponding punishment, and the public prosecutor also shoulders the important duty of supervising whether the court has violated the provisions of the law in the trial of the case.

1. Public prosecutors should earnestly establish the concept of a grand trial. It is necessary to abandon the old idea that "the forensic prosecution is one family" that is no longer in place and that it can be "taken care of" in the hope that it will be "taken care of"; it is necessary to establish in our minds the concept and habit of thinking that the prosecution and defense play an equal role in the courtroom, strengthen the awareness of relying only on evidence in handling cases, and truly understand and adapt to the principles of "presumption of innocence" and "innocence in doubt."

2. Nuan Shan Li to improve Liang Beitan's own legal business level. No matter how busy the public prosecutors are, they must continue to study and improve, and at the same time, they should pay more attention to summing up the lessons and lessons of each case, so as to achieve the purpose of accumulating knowledge.

3. Strive to improve adaptability and expression ability. In court, the prosecution and defense will inevitably come into contact with each other, and it is obviously very important to be able to respond to the situation and express their views clearly. Without the ability to respond to emergencies, it is impossible to deal with the unexpected issues raised by the defense, resulting in a cold scene and gaffe in court; Without good language skills, it is impossible to express one's views clearly, hierarchically, and logically.

1. What work does the procuratorate need to do in reviewing for prosecution?

1. Review the case file materials. After receiving the case, case-handling personnel shall promptly review whether the case materials transferred by the public security organs or criminal investigation department are complete, and whether there are "Prosecution Opinions", evidentiary materials, and other legal documents.

2. Interrogate criminal suspects. Interrogation of criminal suspects is a necessary procedure for the people's procuratorate to review for prosecution. This is necessary for the people's procuratorate to verify the evidence, correctly determine the facts of the case, and supervise the legality of the investigative activities.

3. Hear the opinions of the victim, the criminal suspect, or the person entrusted by the victim. Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the criminal suspect that he or she has the right to retain a defender, and shall inform the victim and his legally-designated ** person or close relatives that they have the right to retain a litigant. Questioning victims, criminal suspects, and persons entrusted by victims, and hearing their opinions, is also a necessary procedure for the people's procuratorate to review for prosecution.

4. Make a decision. Generally speaking, the procuratorial personnel of the people's procuratorate reviewing the case file should first comprehensively read the case file, find out the doubts and contradictions, and then interrogate the criminal suspect with a definite purpose, and listen to the opinions of the victim and the person entrusted by the criminal suspect or victim, so as to solve the problems existing in the case file.

1. In cases where the public security organs' investigation has been concluded, the facts of the crime shall be clear, the evidence credible and sufficient, and a written opinion for prosecution shall be written, and the case file materials and evidence shall be transferred to the people's procuratorate at the same level for review and decision. 2. Where the people's procuratorate finds that the facts of the criminal suspect's crime have been clarified, the evidence is credible and sufficient, and criminal responsibility should be pursued in accordance with law, it shall make a decision to prosecute and initiate a public prosecution in the people's court in accordance with the provisions on trial jurisdiction. 3. After the trial by the people's court, the people's court shall render a verdict of guilt or acquittal in accordance with the ascertained facts, evidence and relevant legal provisions.

Legal basisArticle 285 of the Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs.

Cases returned by the people's procuratorate for supplemental investigation are to be reported to the responsible person at a public security organ at the county level or above for approval on the basis of different circumstances, and are to be handled as follows: (1) Where the facts of the crime were originally found to be clear but the evidence was insufficient, a supplemental investigation report shall be drafted and transferred to the people's procuratorate for review after supplementing the evidence; Where evidence cannot be supplemented, an explanation shall be made; (2) Where, in the course of supplemental investigation, it is discovered that a new co-defendant or a new crime is committed and it is necessary to pursue criminal responsibility, a new written opinion for prosecution shall be drafted and transferred to the people's procuratorate for review; (3) Where it is discovered that there have been major changes in the facts of the crime originally identified and criminal responsibility should not be pursued, a new disposition opinion shall be submitted, and the people's procuratorate that withdrew the investigation shall be notified of the outcome of the disposition; (4) Where the facts of the crime were originally found to be clear, the evidence was credible and sufficient, and it was improper for the people's procuratorate to return it for supplemental investigation, the reasons shall be explained and transferred to the people's procuratorate for review.

1. The public prosecutor is the person appointed by the people's procuratorate to attend the court to support the public prosecution in a public prosecution case. 2. The public prosecutor may read the indictment in court, interrogate the defendant, raise objections to the testimony of witnesses, and conduct cross-examination.

Criminal Procedure Law of the People's Republic of China》 (1) Article 189:When a people's court tries a public prosecution case, the people's procuratorate shall appoint personnel to attend the court to support the public prosecution. (2) Article 191:After the public prosecutor reads the indictment in court, the defendant or victim may make a statement about the crime charged in the indictment, and the public prosecutor may interrogate the defendant. (3) Article 192:Where the public prosecutor, the party to the case, the defender, or the litigant has objections to the witness's testimony, and the witness's testimony has a major impact on the verdict or sentencing of the case, and the people's court finds that it is necessary for the witness to appear in court to testify, the witness shall appear in court to testify.

The provisions of the preceding paragraph apply to people's police appearing in court as witnesses to testify about crimes they witnessed in the performance of their duties.

1. Read out the indictment;

2. Interrogation of the defendant;

3. Interrogate witnesses, victims, and evaluators;

4. Zhi Yingzhi presents physical evidence, Xuan Ying's reading card, the testimony records of witnesses who did not appear in court, the appraisal conclusions of the appraisers, the inquest and inspection records, and other Wensong books as evidence, and provides the court with audio-visual materials as evidence for the court**;

5. Expressing opinions on evidence and case situation;

6. Defend the defense opinions of the defendant and the defender;

7. Supervise court trial activities.

The role of the prosecutor in court is to charge crimes, to try the court, and to express his opinions and recommendations on behalf of the prosecution.

After the procuratorate initiates an indictment with the court, the procuratorate shall send personnel to appear in court to support the court's public prosecution and put forward the prosecution's views on the court's trial.

"Initiating a public prosecution" refers to a kind of litigation activity in which the people's procuratorate transfers the defendant to a people's court with jurisdiction for trial in accordance with law after reviewing the case transferred for prosecution by the investigating organ or in a case where the investigation on its own has been concluded. Supporting public prosecution refers to a kind of criminal litigation activity in which the people's procuratorate appoints personnel to attend the people's court's trial of a public prosecution criminal case, further exposes the crime, proves the crime, and assists the court in making a correct judgment. When a people's court hears a public prosecution case, the people's procuratorate shall appoint personnel to appear in court and support the public prosecution as state public prosecutors.

Public prosecutors appear in court to support the prosecution and are mainly responsible for the following four tasks: 1. Accringe, expose, and prove crimes on behalf of the state, and request that the people's court try the defendant in accordance with law. The reason why the people's procuratorate initiated a public prosecution is that it believes that the acts committed by the defendant have constituted a crime and should be investigated for criminal responsibility.

However, whether the defendant has constituted a crime and what kind of criminal punishment should be given needs to be determined by the people's court through trial in accordance with law. In order to pursue the criminal responsibility of the offender in accordance with the law, the people's procuratorate needs to fully use evidence to prove the facts of the crime charged in the indictment during the trial, and through court investigation, court debate and other activities, so that the people's court can accurately determine the facts and correctly apply the law, and fairly convict and sentence. 2. Supervise the legality of courtroom trial activities.

The people's procuratorates are the state's specialized legal supervision organs, and are responsible for supervising the legality of the people's courts' adjudication activities. Court trial is the core activity of trial, so court trial activity is the focus of trial supervision work. The public prosecutor attending the court on behalf of the people's procuratorate has the responsibility to supervise the legality of the trial procedures so as to ensure that the provisions of the Criminal Procedure Law are effectively implemented during the court proceedings.

The public prosecutor shall make a clear record of violations of legally-prescribed litigation procedures in cases heard by the court, promptly report to the chief procurator after trial, and submit a corrective opinion to the people's court in the name of the people's procuratorate. 3. Preserve the lawful rights of litigation participants. According to the provisions of the Criminal Procedure Law, defendants, victims, and other litigation participants enjoy full procedural rights in court trials, and the people's courts and people's procuratorates shall ensure the procedural rights enjoyed by litigation participants in accordance with law.

The protection of these procedural rights is not only related to whether the legitimate rights and interests of litigation participants can be protected, but also to whether criminal cases can be tried correctly, justly, and in a timely manner. Public prosecutors attend the courtroom from the standpoint of safeguarding the socialist legal system and represent the interests of the state and the people, so while pursuing crimes, they also have the duty to safeguard the legitimate rights and interests of litigation participants in accordance with the law. 4. Conduct legal publicity and education in light of the circumstances of the case.

As public prosecution organs, the people's procuratorates not only have the duty to investigate crimes, but also have the duty to actively participate in the comprehensive management of public order and strive to prevent crimes. On the one hand, public prosecutors should expose and prove crimes in court, and on the other hand, they should analyze the causes of crimes, disseminate legal knowledge, urge criminals to turn over a new leaf, and educate other citizens to take warning and consciously abide by the law, so as to achieve the goal of preventing crimes. (The author is a lecturer at the National Prosecutors College).