Chương XXI Bộ luật Tố tụng Hình sự 2003: Tranh luận tại phiên toà

Chapter XXI: ARGUMENT AT COURT SESSIONS

Article 217.- Order of presentation of arguments

1. At the end of the inquiry at the court sessions, procurators shall present the arraignments, proposing the charges against the defendants on the basis of the whole or part of the indictments or conclusions on lesser offenses; if deeming that there are no grounds for conviction, they shall withdraw the whole prosecution decisions and propose the trial panels to pronounce the defendants not guilty.

The arraignments presented by procurators must be based on documents and evidences already examined at the court sessions and opinions of the defendants, defense counsels, defense counsels of the interests of the involved parties and other participants in the procedure at the court sessions.

2. Defendants shall present their defense, if they have defense counsels, such defense counsels shall defend the defendants. Defendants shall have the right to add defense opinions.

3. Victims, civil plaintiffs, civil defendants and persons with interests and obligations related to the cases or their lawful representatives may present their opinions to protect their rights and interests; if they have defense counsels of their interests, such defense counsels shall have the right to present and add opinions.

Article 218.- Counter-argument

Defendants, defense counsels and other participants in the procedure shall have the right to present their opinions on the arraignments made by procurators and put forward their requests. Procurators must present their arguments on each opinion.

Participants in the arguing process shall have the right to respond to opinions of others. The presiding judges must not restrict the arguing time, must create conditions for participants in the arguing process to present all opinions, but they shall, however, have the right to cut out opinions irrelevant to the cases.

The presiding judges shall have the right to request procurators to respond to opinions related to the cases, which are presented by defense counsels and other participants in the procedure but have not yet been touched upon by procurators in their arguments.

Article 219.- Reopening of inquiry

If, through the arguing process, they deem it necessary to further examine evidences, the trial panels may decide to reopen the inquiry. The arguing process must be continued once the inquiry ends.

Article 220.- Final words of defendants

When the participants in the arguing process make no more statements, the presiding judges shall declare to conclude the arguing process.

Defendants shall then be allowed to say their final words. Questions must not be put while the defendants are saying their final words. The trial panels shall have the right to request the defendants not to dwell on matters irrelevant to the cases but must not restrict the time for them to say.

If, in their final words, the defendants additionally present new circumstances of important significance to the cases, the trial panels must decide to re-open the inquiry.

Article 221.- Consideration of withdrawal of prosecution decisions or conclusions on lesser offenses

1. When procurators withdraw part of their prosecution decisions or conclude on lesser offenses, the trial panels shall still continue adjudicating the cases.

2. Where procurators withdraw the whole of the prosecution decisions, the trial panels, before deliberating the judgments, shall request the participants in the procedure at the court sessions to give their opinions on such withdrawal.