On The Application Of Criminal Online Trial Mode

Criminal online trial is a new thing derived from the infiltration of information technology into the field of criminal trial.In criminal cases,relying on information technology,the traditional offline trial mode is transformed into the online synchronous audio-visual trial mode.Compared with the traditional trial mode,online trial has the characteristics of spatial dispersion,particularity of evidence presentation and dependence of information technology.The online criminal trial can relieve the pressure of escort,realize the high efficiency of punishing criminal acts,improve the efficiency of judges handling cases,and provide convenience for litigation participants.However,there are some concerns,such as the obstacles to the examination of evidence,the weakening of the principle of direct speech and the weakening of the teaching function of the trial to the defendant.From the normative level,the relevant provisions of the online criminal trial mode are mainly reflected in the judicial interpretation and the judicial documents of the local courts.From the perspective of practice,there are a wide range of applicable cases.The trial procedure of the case is broad,including quick judgment,summary,ordinary first instance,retrial and second instance.Applicable subjects include the public prosecutor,the defendant,the defender and other participants in the proceedings,the application of the situation has two places,three places,four places and even five places to connect different situations.The applicable areas are gradually expanding,but the development of various localities is uneven.There are some problems in the application of criminal online trial.First of all,the scope of application of cases in different places is not uniform,and the scope of litigant participants is still to be defined.Secondly,the application mode is not clear enough,which is mainly reflected in two aspects: fuzzy starting rules and unclear connection between online trial and traditional trial.Thirdly,there are some difficulties in practice.The spatial dispersion and technological dependence lead to the obstruction of cross-examination of evidence,the insufficient guarantee of the authenticity of the statements of defendants and witnesses,the difficulty of the identity examination of the participants in the proceedings and the irregularities of some personnel in the trial.Finally,the technical support is insufficient.On the one hand,the construction of software and hardware equipment of online trial is insufficient;on the other hand,the speed of network operation affects the effect of online trial.In view of the problems existing in the application of criminal online trial mode,we should actively explore its applicable path.First,the scope of criminal online trial should be limited to expedited trial cases,summary cases where the defendant may be sentenced to less than three years in prison,the ordinary,retrial and second trial procedure cases which substantial litigation activities have been completed and there is no need for cross-examination of evidence or there is no dispute between the prosecution and defense on the evidence.The application of online trial should be excluded in cases where the original document is to be checked face to face,where multiple defendants are to be checked,where the defendant has communication barriers,and where the defendant is a minor.At the same time,it should be clear that the applicable conditions of online trial are the consent of the defendant,the facts of the case are clear,the evidence is indeed sufficient,the defendant pleaded guilty and has certain material and technical conditions.In addition,the scope of litigant participants in the online trial is determined according to the different situations of the trial in several Spaces.Second,the defendant’s right to choose the way of trial should be respected,the court should clarify the three ways of starting the online trial according to the power of the court,the defendant’s application and the procuratorate’s suggestion,establish the rules of mutual conversion between the online trial and the traditional trial,and improve the defendant’s right relief mechanism.Thirdly,in order to ensure the effective operation of online trial,it is necessary to establish and improve the rules of evidence collection and cross-examination,protect the authenticity of the statements of defendants and witnesses,improve the identification of participants in the proceedings and set up special codes of conduct for online trial.Fourthly,all norms cannot be separated from technology.Online court hearings should be assisted by modern information technology.Through strengthening the construction of hardware and software equipment,improve the level of network operation,and equip professional and technical personnel to improve the technical support.