Witnesses, expert witnesses, people with specialized knowledge, investigators, investigators or other personnel may not participate in the trial of this case. After the relevant personnel testify or express their opinions, the presiding judge shall notify them to withdraw.

In addition to examining whether the defendant has statutory sentencing circumstances, the people's court shall also examine the following circumstances that affect sentencing according to the circumstances of the case:

1, cause of action;

2, whether the victim is at fault and the degree of fault, whether it is responsible for the intensification of contradictions and the size of the responsibility;

3. Whether the close relatives of the defendant helped to capture the defendant;

4. The defendant usually shows an unrepentant attitude;

5. Return, restitution and compensation of stolen goods;

6 whether the defendant has obtained the understanding of the victim or his close relatives;

7. Other circumstances that affect sentencing.

To sum up, the people's court shall, according to the application of the defendant or defender, notify the people's procuratorate to obtain the evidence materials that need to be investigated and verified, or transfer the evidence materials collected by the defendant in the process of investigation, investigation, review and prosecution to the people's procuratorate, and notify the people's procuratorate to hand over the evidence materials within three days after receiving the decision to obtain the evidence materials. During the trial, if both the prosecution and the defense apply to notify a new witness to appear in court, obtain new evidence and apply for re-appraisal or inquest, they shall provide the basic information of the witness, the storage place of the evidence, explain the matters that need to be proved and the reasons for applying for re-appraisal or inquest. If the court considers it necessary, it shall agree and announce an adjournment; According to the circumstances of the case, it may be decided to postpone the trial. The evidence supplemented by the public prosecutor, the parties and their legal representatives, defenders and agents ad litem, as well as the evidence obtained through out-of-court investigation and verification by judges, should be cross-examined in court before it can be used as the basis for finalizing the case. However, it does not affect the non-critical evidence of conviction and sentencing, sentencing evidence in favor of the defendant, and judgment documents that identify the defendant with criminal record. They are all collected out of court, and there is no objection except for the prosecution and the defense.

Legal basis:

Article 265 of the Criminal Procedure Law of People's Republic of China (PRC)

Witnesses, expert witnesses, people with specialized knowledge, investigators, investigators or other personnel may not participate in the trial of this case. After the relevant personnel testify or express their opinions, the presiding judge shall notify them to withdraw.