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中华人民共和国刑事诉讼法(英文版)(下) 

http://www.dffy.com 2007-1-19 17:22:31 来源:东方法眼

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  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 later than ten days before the opening of the court session. If the defendant has not appointed a defender, he shall be informed that he may appoint a defender or, when necessary, designate a lawyer that is obligated to provide legal aid to serve as a defender for him;
  (3) to notify the People s Procuratorate of the time and place of the court session three days before the opening of the session;
  (4) to summon the parties and notify the defenders, agents ad litem, witnesses, expert witnesses and interpreters, and deliver the summons and notices no later than three days before the opening of the court session; and
  (5) to announce, three days before the opening of the session, the subject matter of the case to be heard in public, the name of the defendant and the time and place of the court session.
  The circumstances of the above-mentioned proceedings shall be entered in the written record, which shall be signed by the judges and the court clerk.
  Article 152 Cases of first instance in a People s Court shall be heard in public. However, cases involving State secrets or private affairs of individuals shall not be heard in public.

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