-
1. In a public prosecution case, the criminal verdict will not be served on the defendant's family. If a lawyer participates in the defense, the court shall serve it on the lawyer. 2. If the defendant is a minor, the court shall notify the statutory ** person to be present at the trial or trial.
Legal basis: Article 270 of the Criminal Procedure Law provides that in juvenile criminal cases, the juvenile criminal suspect or defendant's legally-designated ** person shall be notified to appear during interrogation and trial. Where there is no way to notify them, the legally-designated ** person cannot appear, or the legally-designated ** person is an accomplice, other adult relatives of the juvenile criminal suspect or defendant, or representatives of the school, work unit, basic-level organization for their place of residence, or the juvenile protection organization may also be notified to appear, and the relevant circumstances are to be recorded in the case file.
The legally-designated person present may exercise the procedural rights of the juvenile criminal suspect or defendant on their behalf. Where legally-designated persons or other persons present feel that case-handling personnel have violated the lawful rights and interests of minors during interrogation or trial, they may submit opinions. Interrogation records and court records shall be given to the legally-designated person or other persons present to read or read to him.
Female staff shall be present during interrogations of female juvenile criminal suspects. In juvenile criminal cases, after the juvenile defendant's final statement, his legally-designated person may make a supplementary statement.
-
It may involve civil compensation or civil liability.
-
When the court makes a judgment against the defendant, it may not notify the family to appear in court, but if a real sentence is imposed and the sentence is sent to the enforcement organ to serve the sentence, the enforcement organ must promptly notify the family.
Article 253 of the Criminal Procedure Law of the People's Republic of China "When a convict is transferred for enforcement of a criminal punishment, the people's court that transferred the case for enforcement shall send the relevant legal documents to the public security organs, prisons, or other enforcement organs within 10 days of the judgment taking effect.
For convicts sentenced to death with a two-year reprieve, life imprisonment, or fixed-term imprisonment, the public security organs are to send the convict to prison to enforce their punishment in accordance with law. For convicts sentenced to fixed-term imprisonment, where the remaining sentence is less than three months before they are transferred for enforcement, the detention center is to enforce it on their behalf. Convicts sentenced to short-term detention are to be enforced by the public security organs.
Juvenile offenders shall be sentenced in a juvenile correctional facility.
The enforcement organs shall promptly take the convict into custody and notify the convict's family.
Convicts sentenced to fixed-term imprisonment or short-term detention shall be issued a certificate of release at the completion of the enforcement period.
-
Legal Analysis: Yes. Courtroom investigation or courtroom debate is generally not conducted, but the defender's opinions and the defendant's final statement shall be heard before the judgment is announced.
In cases applying the expedited procedures at trial, the verdict shall be announced at court. The announcement of the verdict shall be made in public. Where the judgment is announced at court, the written judgment shall be delivered to the parties and the people's procuratorate initiating the public prosecution within 5 days, and where the judgment is to be announced within a period of 5 days, the judgment shall be sent to the parties and the people's procuratorate initiating the public prosecution immediately after the announcement is made.
The written judgment shall be served on the defender and litigant at the same time.
Legal basis: Article 202 of the Criminal Procedure Law of the People's Republic of China: The announcement of judgments shall be conducted in public. Where the verdict is announced at court, the written judgment shall be sent to the parties and the people's procuratorate initiating the prosecution within 5 days; Where judgments are periodically announced, the written judgment shall be sent to the parties and the people's procuratorate initiating the prosecution immediately after it is announced.
The written judgment shall be served on the defender and litigant at the same time.
-
Legal analysis: The judgment shall be served on the people's procuratorate, the parties, the legally-designated ** person, the defender, and the litigant, and may be served on the defendant's close relatives. After the judgment takes effect, it shall also be sent to the defendant's unit or the public security police substation for the original place of household registration, or to the registration organ of the defendant unit.
In a public prosecution case, the criminal verdict is not served on the defendant's family. Where a lawyer participates in the defense, the court shall serve it on the lawyer.
Legal basis: Article 247 of the Criminal Procedure Law of the People's Republic of China stipulates: Where a judgment is announced at court, the written judgment shall be served within five days.
Where judgments are periodically announced, the time and place of the announcement of the verdict shall be announced in advance before the judgment is announced, and the parties shall be summoned and the public prosecutor, legally-designated ** person, defender, and litigant ** person shall be notified; After the judgment is announced, the written judgment shall be served immediately.
-
The family will be notified of the criminal verdict, so as to better protect their right to know.
-
Legal analysis: According to the relevant provisions of the Criminal Procedure Law, when the court makes a judgment against the defendant, it may not notify the family to appear in court, but if a real sentence is imposed and the defendant is sent to the enforcement organ to serve the sentence, the enforcement organ must promptly notify the family and cannot fail to notify the family.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 115: Public security organs shall conduct an investigation into a criminal case that has already been filed, and collect and collect evidence that the suspect is guilty or that the person who is guilty of the crime is not guilty, or that the crime is minor or serious. Current offenders or major suspects may be detained in advance in accordance with law, and criminal suspects who meet the requirements for arrest shall be arrested in accordance with law.
Your friend is suspected of committing a crime, and the case has not been tried at all, and now the case is estimated to be in the review and prosecution stage or has just been accepted by the court, so you can apply for bail pending trial, and you need to prepare money to go to the public security organ to go through the formalities.
1. The service of litigation documents must have a proof of service, and the person to be served shall indicate the date of receipt and sign or affix a seal on the receipt of service. >>>More
Where the people's court has already announced a judgment, the lawsuit must not be withdrawn. After the people's court accepts the plaintiff's lawsuit and files the case, but before the judgment is announced, the plaintiff may submit a written or oral request to the people's court to withdraw the lawsuit, and the court will rule whether to allow it. After examination and approval, the court made a ruling to withdraw the lawsuit and served it on the plaintiff and the defendant respectively. >>>More
If the judgment is not pronounced in court, the appeal period shall begin to be calculated in the first instance, and the judgment shall take effect on the date of receipt of the judgment. In the second instance, there is no appeal at the completion of the appeal period.
If the judgment of the first instance is issued, the period of appeal has expired or the woman has not appealed during the appeal period, the judgment shall enter into force. >>>More