Separated Trial In Criminal Procedure

Joint crime and related crime cases are characterized by a large number of defendants,a variety of crimes,and intricate evidence,which leads to the research of separated trial.Putting all defendants in one trial may lead to an increase in litigation costs and make the court trial a formality.More importantly,the trial may increase the risk of conviction and heavy sentences for the defendant,resulting in the violation of the principle of “No trial without complaint” and “Presumption of innocence”.Also,it may affect the realization of the defendant’s right to a speedy trial.Therefore,separated trial in criminal procedure should be based on the protection of the legitimate rights and interests of the defendant,taking into account the quality and efficiency of the trial.Separated trial becomes to a common practice when dealing with joint or related crimes that cannot or should not be tried together,such as the trial of Liu Han,who is the leader of 36 members of an alleged mafia-style gang,and the Sun Xiaoguo series of cases.Although Article220 of the Interpretation of the Supreme People’s Court on the Application of the Criminal Procedure Law of the People’s Republic of China provides a standard basis for separated trial,there is still a chaotic in practice when it comes to the case should be brought to trial in which ways.Moreover,separated trial causes lots of controversy about the validity of judgement,the rules of evidence,and the protection of the defendant’s rights.It is necessary to perfect the process of separated trial in criminal procedure,taking advantage of separated trial in the face of the increasing number of large-scale cases.Since the facts of joint crime are interrelated,it should be brought to trial as a unit.Separated trial should be used only in exceptional circumstances,take for example the need for protecting the rights of the defendant.The initiation of the separated trial procedure should give the court discretion and the right to decide.What’s more,defendant should be vested with the right to know and object.And clarifying the procedural consequences of improperly separating the case is of vital importance.In order to protect the rights of the defendant,the expansion of the effect of the judgement of the previous case in the later case should be blocked,the rules of corroborating evidence should be strictly applied,and the defendant’s right to confrontation and defense should be guaranteed.