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Thinking About The Right Why To Be Ignored In The Closing Statement

Posted on:2017-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:J T ChenFull Text:PDF
GTID:2346330542485763Subject:Law
Abstract/Summary:PDF Full Text Request
In the prosecution of criminal cases,the defendant as a Closing statement of one of the basic rights enjoyed by the defendant in the trial of the right refers to the trial process in the public prosecution of criminal cases,the defendant in an open verdict before the end of the court investigation,the court has the right after the end of the debate,the facts and evidence of the case,the crime weight or not,as well as to the understanding of crimes and sentencing of requirements to express their views and opinions freely right.The Closing statement by the accused program settings,one is to protect the rights of defendants in criminal prosecution of relatively weak position based on the highlights of the defendant personality respect,on the other hand can help the judge to explore the truth of the case,the reduction of the facts of the case,to prevent miscarriages of Justice,but also has functions of preaching observers.Comfort victims and relatives of trauma.The theoretical basis of the Closing statement of the defendant lies in the criminal litigation system legislation on the weak position of the defendant and the expression of the principle of speech.Compared with the setting of the last statement of the accused in the criminal procedure law,the "Criminal Procedure Law" of our country clearly stipulates the Closing statement of the defendant.In the Closing statement of the defendant the right to make independent set in the proceedings,the court investigation,court debate and other procedures were defined,making it as an independent part of trial procedure,highlighted it is an independent litigation right of the defendant.But in the current judicial practice,the defendant's rights are often lack the necessary attention,which not only affects the criminal trial function to achieve a complete,and to identify the facts of the case,the defendant's rights and guarantee the negative effects of trial quality may have underestimated.Therefore,it is of great practical significance to pay attention to the procedural meaning and the judicial value of the Closing statement of the defendant in the trial procedure of the criminal prosecution case.
Keywords/Search Tags:the case of public prosecution, the defendant, Closing statement, the right of action, the trial procedure
PDF Full Text Request
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