The applicable scope of criminal summary procedures refers to the courts, trial levels and cases to which summary procedures are applicable. 1. Pre-trial review issues

The "may be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or a single fine" stipulated in Article 174, Paragraph 1, of the Criminal Procedure Law refers to a declared sentence, not a statutory sentence. . ③There are actually two problems with “the People’s Procuratorate recommends or agrees to apply simplified procedures”: First, the People’s Procuratorate recommends and the People’s Court agrees. In this case, the People's Procuratorate should recommend in writing that the simplified procedure should be applied and the entire case file and evidence should be transferred when prosecuting. Instead of not transferring the file as in the ordinary procedure, only copies of the main evidence and the evidence catalog should be transferred. Otherwise, the court will not be able to proceed. Check whether the simplified procedure is applicable. On the other hand, if the court does not recommend that the procuratorate apply summary procedures, but after reviewing the copies of the main evidence and the evidence catalog, it considers that the provisions of Article 174, Item 1 of the Criminal Procedure Law are met and summary procedures can be applied, it should make a written recommendation The procuratorate applies simplified procedures. Because at this time, the judge only reviews the case based on emotion and the file materials are not comprehensive. If the procuratorate agrees and transfers the entire case file and evidence, the simplified procedure can be applied. Otherwise, the ordinary procedure must be applied.

2. The trial stage of public prosecution cases

Some people believe that Article 177 of the Criminal Procedure Law stipulates that “cases subject to summary procedures are not subject to the interrogation of the defendant in Section 1 of this Law. , questioning witnesses and appraisers, presenting evidence, and subject to the restrictions stipulated in the court debate procedure, but the defendant’s final statement should be heard before the judgment is announced.” In other words, the People’s Court does not need to hold a trial in criminal cases where the facts are clear and the evidence is conclusive. , can be directly judged. This is a misinterpretation of the original legislative intent of the Criminal Procedure Law. By applying the simplified procedure, the defendant's litigation rights have been restricted to a certain extent, but other rights cannot be deprived of it, such as the right to apply for recusal, the right to defend, the right to make a final statement, the right to appeal, etc. The defendant can only exercise these rights through a court hearing. The trial can only be protected, and the rights that the defendant should enjoy in accordance with the law must not be restricted or even deprived because of simplified procedures.

Compared with ordinary procedures, simplified procedures have the following simplifications:

(1) Simplification of trial organization. That is, cases subject to summary procedures will be tried by one judge alone

(2) Simplification of pre-trial preparations. That is to say, the time for serving the indictment and copies to the defendant is not limited to 10 days, and the time for notifying the defendant, summoning the parties, notifying the defender, witnesses, etc. of the court session is not limited to 3 days. This can be done by summons and notice, or by telephone or other means, and it can be recorded in a file. The single judge shall ask the defendant for his opinion on the indictment, whether he pleads guilty voluntarily, and inform him of the relevant legal provisions and possible legal consequences; the defendant and his defender may defend himself against the crimes charged in the indictment. If the defendant voluntarily pleads guilty and has no objection to the criminal facts charged in the indictment, the court may directly render a guilty verdict. The People's Court shall, as appropriate, give a lighter punishment to a defendant who voluntarily pleads guilty.

(3) Appear in court to support the simplification of the prosecution. Article 175 of the Criminal Procedure Law stipulates that "when criminal summary procedures are used to hear public prosecution cases, the People's Procuratorate may not send personnel to appear in court." This is determined by the characteristics of summary procedures that focus on simplicity. However, it should be clear that the public prosecutor, as the initiator of criminal proceedings, , have the right and obligation to appear in court to support the public prosecution. If the procuratorate asserts this litigation right, the public prosecutor can appear in court even if the case is tried according to the criminal summary procedure. This requires us to notify the procuratorate of the time and place of the court session before the trial, so that the procuratorate can Decide whether to send someone to appear in court. If you do not appear in court, you can indicate it on the service receipt.

(4) Simplification of the appearance of witnesses and appraisers in court. Witnesses and appraisers do not have to appear in court. Whether the defender appears in court can be decided by the defender. Those who do not appear in court can also submit their defense statements to the court before the trial.

(5) Simplification of court investigations. Article 177 of the Criminal Procedure Law stipulates that “cases subject to summary procedures are not subject to the restrictions of Section 1 of this chapter on interrogating the defendant, questioning witnesses, appraisers, presenting evidence, and court debate procedures. However, the defendant must be heard before the judgment is pronounced. person’s final statement of opinion.”

What is said here is not restricted by the procedures for interrogating the defendant, questioning witnesses, appraisers, presenting evidence, and court debates in Section 1 of this Chapter. It should be understood that the summary procedure can omit the court investigation procedure, that is, the prosecutor does not need to interrogate the defendant or the victim. , the plaintiff and defender of incidental civil lawsuits appear in court to testify or read out witness testimonies and appraisal conclusions; in public prosecution cases where the prosecutor does not appear in court, the prosecution and defense are not allowed to debate the facts of the crime, etc. However, it should be noted that the summary procedure still retains or partially retains the two stages of courtroom debate and the defendant’s final statement. According to Articles 176 and 177 of the Criminal Procedure Law, when the People's Procuratorate sends personnel to attend a court case or a private prosecution case, with the permission of the judge, the defendant and his defender may argue with the public prosecutor or private prosecutor and their litigation agent, and The defendant's final statement should be heard before the judgment is pronounced.

(6) The trial period is shortened. Article 178 of the Criminal Procedure Law stipulates that “for cases subject to summary procedures, the People’s Court shall conclude the case within 20 days after acceptance.” This is a provision based on my country’s practical trial experience. The trial period is much shorter than the one and a half months in ordinary procedures, but it cannot be too short, otherwise it will be difficult to ensure the completion of the proceedings. The time limit for changing a case from summary procedure to ordinary procedure shall be calculated from the day after the decision is made to transfer the case to ordinary procedure. Refers to the trial of minor criminal cases sued by the victim and supported by evidence

Such cases are stipulated in our country's criminal law provisions and relevant National People's Congress decisions, and mainly include injury cases, bigamy cases, abandonment cases, infringement cases and counterfeiting cases Registered trademark cases (except cases that seriously endanger social order and national interests), threaten or assault judicial officers or litigation participants, or seriously disrupt court order. For such cases to be subject to summary procedures, four conditions must be met: (1) There is a clear plaintiff (private prosecutor) and defendant, and the criminal facts are clear; (2) The private prosecutor has sufficient evidence to prove the defendant’s criminal behavior, and there is Causal relationship; (3) The defendant's crime is minor and may be sentenced to fixed-term imprisonment of less than three years, criminal detention, control or a single fine; (4) It falls within the scope of private prosecution cases.

In the above two types of cases, the private prosecutor reads out the indictment, and the defendant should state and defend the criminal facts charged in the indictment. The private prosecutor and the defendant shall present the main evidence, and with the permission of the judge, the defendant and his defender may debate with the private prosecutor and his litigation agent.