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2018-04-25 15:46:41对拟建议适用简易程序审理的案件,人民检察院一般应当在受理后二十日内作出是否提起公诉的决定;特殊情况,可以延长至三十日。In cases where using the summary procedures is recommended, people's procuratorates shall usually make a decision on indictment within 20 days of accepting the case; an extension to 30 days may be given in special circumstances.2
2018-04-25 15:34:57适用简易程序审理的,一般应当在受理后二十日内审结,对可能判处有期徒刑超过三年的,可以长至一个月。In cases applying the summary procedures at trial, people's courts shall usually complete trial within 20 days of accepting the case; in cases where there might be a sentence of more than 3 years imprisonment, this may be extended to a month.2
2018-04-25 15:15:40人民法院受理案件后,认为案件符合速裁程序办理的,且被告人被羁押的,应在二日内审结。Where after people's courts accept a case, they find that the case is eligible for applying the expedited procedures, , they should complete trial within 2 days and submit the indictment to the people's court.2
2018-04-25 14:13:04人民检察院受理案件后,认为案件符合速裁程序办理的,且犯罪嫌疑人同意量刑建议的(不含缓刑),应在二日内审结,并向人民法院提起公诉。Where after people's procuratorates accept a case, they find that the case is eligible for applying the expedited procedures, and the criminal suspect agrees to the sentencing recommendation (not including suspended sentences), they should complete review within 2 days and submit the indictment to the people's court.2
2018-04-25 14:10:09对适用速裁程序办理的犯罪嫌疑人可能判处拘役(不含缓刑)刑罚的案件,侦查机关拘留时间可以延长至7日。In cases applying the expedited procedures where the criminal suspect might be sentenced to short-term detention (not including suspended sentences), the investigating organs may extend custody to be as long as 7 days.2
2018-04-25 10:44:12公安机关采取刑事拘留措施的速裁案件,认为不需要提请逮捕的,应当在7日内侦查终结并移送检察院审查起诉。In expedited cases where public security organs employ criminal custodial measures, where it is not found necessary to request arrest, investigation shall be concluded within 7 days and transferred to the procuratorate to be reviewed for prosecution.2
2018-04-25 06:40:48对社会高度关注的,应当公布结果。Where there is a high level of public interest, the outcome shall be published.2
2018-04-25 06:40:04四、律师认为法官在审判过程中有违法违规行为的,可以向相关人民法院或其上一级人民法院监察部门投诉、举报,人民法院应当依法作出处理并及时将处理情况答复律师本人,同时通报当地司法行政机关、律师协会。4. Where lawyers feel that judges have violated the law or or rules during trial, they may make a complaint or report it to the relevant people's court or to the supervisory department of the people's court at the level above; and the people's court shall handle it in accordance with law and promptly reply to the lawyer with the handling circumstances and concurrently report it to the local judicial-administrative organ and lawyers association.2
2018-04-25 06:32:56人民法院应当对庭审活动进行全程录像或录音,对律师在庭审活动中违反法定程序的情形应当记录在案。The people's courts shall make full video or audio record or of court trial activities, and shall record lawyers' violations of the legally prescribed procedures in the case file.2
2018-04-25 06:30:40律师被依法责令退出法庭、强行带出法庭或者被处以罚款后,具结保证书,保证服从法庭指令、不再扰乱法庭秩序的,经法庭许可,可以继续担任同一案件的辩护人、诉讼代理人;具有擅自退庭、无正当理由不按时出庭参加诉讼、被拘留或者具结保证书后再次被依法责令退出法庭、强行带出法庭的,不得继续担任同一案件的辩护人、诉讼代理人。After lawyers have been ordered to leave the court, forcibly removed from court, or fined, where they sign a guarantee ensuring that they will obey court orders and will not disrupt courtroom order again, then with the permission of the court, they may continue to serve as defenders or agent ad litems in the same case; where they have left court with permission, not timely appeared in court to participate in proceedings without legitimate reason, been taken into custody, or after signing a guarantee are again ordered to leave the courtroom or are forcibly removed, they must not continue to serve as a defender or agent ad litem in the same case.2
2018-04-24 23:01:59关于依法保障律师诉讼权利和规范律师参与庭审活动的通知Notice on Lawfully Safeguarding Lawyer's Procedural Rights and Regulating Lawyers Participation in Court Hearing Activities2
2018-04-24 22:58:58确需司法警察当庭对律师采取措施维持法庭秩序的,有关执法行为要规范、文明,保持必要、合理限度。Where it is truly necessary for court police to employ measures against lawyers to preserve courtroom order, the relevant law enforcement actions should be regular and civil, maintaining necessary and reasonable limits.2
2018-04-24 22:58:50审判长或者独任审判员认为律师在法庭审理过程中违反法庭规则、法庭纪律的,应当依法给予警告、训诫等,确有必要时可以休庭处置,除当庭攻击党和国家政治制度、法律制度等严重扰乱法庭秩序的,不采取责令律师退出法庭或者强行带出法庭措施。Where the chief judge or sole judge hearing the case finds that a lawyer has violated the rules of court or courtroom discipline during trial at court, they shall lawfully give warnings, admonishments and so forth, and when it is truly necessary may adjourn for handling; but unless there are serious disruptions of courtroom order such as attacking the party and state political and legal systems at court, measures such as ordering lawyers to leave the courtroom or forcibly removing them, are not to be employed.2
2018-04-24 22:58:30律师明显以诱导方式发问,公诉人提出异议的,审判长或者独任审判员审查确认后,可以制止。Where lawyers clearly ask leading questions and the public prosecutor raises an objection, the chief judge or sole judge hearing the case may stop it after review and verification.2
2018-04-24 22:58:24对于律师在法庭上就案件事实认定和法律适用的正常发问、质证和发表的辩护代理意见,法官不随意打断或者制止;但是,攻击党和国家政治制度、法律制度的,发表的意见已在庭前会议达成一致、与案件无关或者侮辱、诽谤、威胁他人,故意扰乱法庭秩序的,审判长或者独任审判员可以根据情况予以制止。Judges are not to arbitrarily interrupt or stop lawyers' regular questioning, evidence debate and expression of defense representation opinions on determination of case facts and on the application of law; however, where they attack the Party and state political system or legal system, or where the opinion was on an issue for which consensus was reached at the pretrial conference, is irrelevant to the case; insults, defames or threatens others; or intentional disrupts courtroom order, the chief judge or sole adjudicator hearing the case may stop in, based on the circumstances.2