PART THREE TRIAL
CHAPTER I TRIAL ORGANIZATIONS
Article 147 Trials of cases of first instance in the Primary and
Intermediate People's Courts shall be conducted by a collegial panel
composed of three judges or of judges and people's assessors totalling
three. However, cases in which summary procedure is applied in the
Primary People's Courts may be tried by a single judge alone.
Trials of cases of first instance in the Higher People's Courts or the
Supreme People's Court shall be conducted by a collegial panel composed
of three to seven judges or of judges and people's assessors totalling
three to seven.
When performing their functions in the People's Courts, the people's
assessors shall enjoy equal rights with the judges.
Trials of appealed and protested cases in the People's Courts shall be
conducted by a collegial panel composed of three to five judges.
The members of a collegial panel shall be odd in number.
The president of the People's Court or the chief judge of a division
shall designate one judge to be the presiding judge of the collegial
panel. If the president of the court or the chief judge of a division
participates in a trial, he himself shall serve as the presiding judge.
Article 148 If opinions differ when a collegial panel conducts its
deliberations, a decision shall be made in accordance with the opinions
of the majority, but the opinions of the minority shall be entered in
the records. The records of the deliberations shall be signed by the
members of the collegial panel.
Article 149 After the hearings and deliberations, the collegial panel
shall render a judgment. With respect to a difficult, complex or major
case, on which the collegial panel considers it difficult to make a
decision, the collegial panel shall refer the case to the president of
the court for him to decide whether to submit the case to the judicial
committee for discussion and decision. The collegial panel shall execute
the decision of the judicial committee.
CHAPTER II PROCEDURE OF FIRST INSTANCE
SECTION 1 CASES OF PUBLIC PROSECUTION
Article 150 After a People's Court has examined a case in which public
prosecution was initiated, it shall decide to open the court session and
try the case, if the bill of prosecution contains clear facts of the
crime accused and, in addition, there are a list of evidence and a list
of witnesses as well as duplicates or photos of major evidence attached
to it.
Article 151 After a People's Court has decided to open a court session,
it shall proceed with the following work:
(1) to determine the members of the collegial panel;
(2) to deliver to the defendant a copy of the bill of prosecution of the
People's Procuratorate no l[1] [2] [3] [4] [5] 下一页
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