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If sentenced, will you inform your family?
Details are as follows:
1. When the court makes a judgment on the defendant, it may not notify the family members to appear in court. However, if the sentence is actually sentenced and sent to the executing organ for serving a sentence, the executing organ shall promptly notify the family members.
2. If the defendant is a minor, the court shall notify the legal representative to be present at the trial.
Sentencing procedure:
I. Prosecution
Two. Acceptance:
If the people's court receives a complaint and finds that it meets the conditions for prosecution after examination, it shall file a case within the prescribed time limit and notify the parties concerned; If it considers that it does not meet the conditions for prosecution, it shall rule that it will not be accepted within the prescribed time limit; If the plaintiff refuses to accept the ruling, he can appeal. The people's court shall inform the parties of the relevant litigation rights and obligations in the notice of accepting the case and the notice of responding to the lawsuit. A case shall be tried by a collegial panel composed of judges or jurors. After the membership is determined, the parties concerned shall be informed within the prescribed time limit. The judge must carefully examine the litigation materials and investigate and collect the necessary evidence.
Third, the court session:
If the people's court decides to hold a hearing, it shall notify the parties before the prescribed time limit for the hearing; For a case to be heard in public, the names of the parties, the cause of action, the time and place of hearing shall be announced before the prescribed time limit for hearing. During the trial, court investigation, court debate and other procedures will be conducted. At the end of the trial, the people's court shall make a judgment according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time.
Fourth, judge:
The people's court shall pronounce a judgment in public on cases that are tried in public or not. If the sentence is pronounced in court, it shall be served within the prescribed time limit; If the sentence is pronounced regularly, a written judgment will be issued immediately after the sentence is pronounced. When sentencing, the parties must be informed of the right of appeal, the time limit for appeal and the court of appeal. A case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.
The basic people's courts and the courts dispatched by them may apply summary procedures to hear cases. Cases that are tried by summary procedure are tried by a single judge, and the parties and witnesses can be summoned at any time in a summary way, which is not limited by the order of court investigation and court debate in ordinary procedures. The people's court shall conclude a case by applying summary procedure within three months from the date of filing the case.
Legal basis:
Article 85 of the Criminal Procedure Law: When a public security organ detains a person, it must produce a detention permit. After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed twenty-four hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately.
Criminal procedure law
Article 187 After the people's court decides to hold a hearing, it shall determine the members of the collegial panel and serve a copy of the indictment of the people's procuratorate to the defendant and his defender ten days before the hearing.
Before the trial, the judge may convene the public prosecutor, the parties, the defenders and the agents ad litem to understand the issues related to the trial, such as withdrawal, the list of witnesses appearing in court, and the exclusion of illegal evidence, and listen to opinions.
After the people's court determines the date of the hearing, it shall notify the people's procuratorate of the time and place of the hearing, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the trial. For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session.
The above activities shall be recorded in the record and signed by the judges and the clerk.
Article 202 If a verdict is pronounced in court, it shall be served on the party concerned and the people's procuratorate that initiated the public prosecution within five days; If the sentence is pronounced on a regular basis, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement.
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