What are the legal procedures in the first instance of a criminal case?

"First-instance trial procedures in criminal cases" refers to the procedures that the people's courts should follow when conducting the initial trial of a case initiated by the people's procuratorate and a person with the right to prosecute. The trial of a case remanded for retrial by the court of second instance shall also follow the procedures of the first instance.

a) Announcement**.

1. Check the identity of the litigation participants;

2. Verify procedural elements (time of detention, arrest, time of receipt of indictment);

3. Inform of rights and obligations.

For some cases that may be contested at trial, trial participants should communicate as much as possible in advance of **. In particular, the defender should foresee some situations in the trial before **, and strive to prepare the judge and prosecutor in advance. Correct.

If it were not for other considerations, the defender's impromptu attack in court would likely arouse strong resentment from the judge and the prosecutor, and ultimately lead to a verdict unfavorable to the defendant. Therefore, it is very necessary to communicate before **.

2) Court investigations.

1. The public prosecutor reads out the indictment;

2. The judge asks the defendant what his opinion is on the charges in the indictment;

3. The prosecutor interrogates the defendant;

4. The defender interrogates the defendant;

5. The judge examines the defendant;

6. The prosecutor presents evidence, and the defendant and defender cross-examine evidence;

7. The defendant and the defender present evidence, and the prosecutor cross-examines the evidence.

In the court investigation stage, the basic ideas of the prosecution and defense have been exposed, and the experienced judge Liang and the prosecutor can grasp most of the defender's views through the confrontation during the court investigation. What the defender says and how much he says at this stage needs to be considered according to the specific circumstances of the case.

3) Court debates.

1. The public prosecutor publishes the public prosecution opinion;

2. The defendant defends himself;

3. The defender expresses his defense opinions.

During the court debate, the defender tried to get off the script as much as possible. If the defense statement is long and the defender expresses his defense opinions by reading the script, the defense effect will be greatly reduced, and the judge may interrupt the speech.

4) The defendant's final statement.

In his final statement, the defendant shall be concise and to the point, directly indicating that he or she denies his guilt and is remorseful. The defendant's final statement is often the most overlooked, but in some cases, it can be the finishing touch.

According to China's current legal provisions, the first instance of a criminal case is a procedure for the court to make a preliminary judgment and enforce a lawsuit against a person who has the right to prosecute when the procuratorate initiates a public prosecution. Procedure of the trial: **;The court investigates the merits of the case;The defendant and the plaintiff argue;The defendant makes his closing arguments;The court deliberates and pronounces the verdict.

If the result is announced in court, the judgment will be served within five days. If the verdict is pronounced during the fixed limb grip period, the verdict will be served immediately.

Criminal Procedure Law of the People's Republic of China

Article 19 and 15:Public prosecutors and defenders shall present physical evidence to the court for the parties to identify, and shall read out the testimony records of witnesses who have not appeared in court, the evaluators' evaluation opinions, inquest records, and other documents that are used as evidence. Adjudicators shall hear the opinions of the public prosecutor, parties, defenders, and litigants.

Article 196:Where during the course of trial, the collegial panel has doubts about the evidence, it may announce an adjournment to conduct an investigation and verification of the evidence. People's courts investigating and verifying evidence may conduct inquests, inspections, sealing, seizure, appraisals, inquiries, and freezing.

Article 198:In the course of trial of cracks, the facts and evidence related to the conviction and sentencing shall be investigated and debated. With the permission of the presiding judge, the public prosecutor, parties, defenders, and litigants may express their opinions on evidence and the circumstances of the case, and may debate with each other. After the presiding judge announces the conclusion of the debate, the defendant has the right to make a final statement.