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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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  When carrying out investigation to verify evidence, the People s Court may conduct inquest, examination, seizure, expert evaluation, as well as inquiry and freeze.
  Article 159 During a court hearing, the parties, the defenders and agents ad litem shall have the right to request new witnesses to be summoned, new material evidence to be obtained, a new expert evaluation to be made, and another inquest to be held.
  The court shall make a decision whether to grant the above-mentioned requests.
  Article 160 With the permission of the presiding judge, the public prosecutor, the parties, the defenders and the agents ad litem may state their views on the evidence and the case, and they may debate with each other. After the presiding judge has declared conclusion of the debate, the defendant shall have the right to present a final statement.
  Article 161 If any participant in the proceedings of a trial or bystander violates the order of the courtroom, the presiding judge shall warn him to desist. If any person fails to obey, he may forcibly be taken out of the courtroom. If the violation is serious, the person shall be fined not more than 1,000 yuan or detained not more than 15 days. The fine or detention shall be subject to approval of the president of the court. If the person under punishment is not satisfied with the decision on the fine or detention, he may apply to the People s Court at the next higher level for reconsideration. However, the execution of the fine or detention shall not be suspended during the period of reconsideration.
  Whoever assembles a crowd to make an uproar or charges into the courtroom, or humiliates, slanders, intimidates or beats up judicial officers or participants in the proceedings, thereby seriously disturbing the order of the courtroom, which constitutes a crime, shall be investigated for criminal responsibility according to law.
  Article 162 After a defendant makes his final statement, the presiding judge shall announce an adjournment and the collegial panel shall conduct its deliberations and, on the basis of the established facts and evidence and in accordance with the provisions of relevant laws, render one of the following judgments:
  (1) If the facts of a case are clear, the evidence is reliable and sufficient, and the defendant is found guilty in accordance with law, he shall be pronounced guilty accordingly;
  (2) If the defendant is found innocent in accordance with law, he shall be pronounced innocent accordingly;
  (3) If the evidence is insufficient and thus the defendant cannot be found guilty, he shall be pronounced innocent accordingly on account of the fact that the evidence is insufficient and the accusation unfounded.
  Article 163 In all cases, judgments shall be pronounced publicly.
  If the judgment on a case is pronounced in court, a written form of the judgment shall be delivered within five days to the parties and the People s Procuratorate that initiated the public prosecution. In cases where the judgment is pronounced later on a fixed date, a written form of the judgment shall be delivered immediately after the pronouncement to the parties and the People s Procuratorate that indicated the public prosecution.

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