[Direct answer]Generally, it includes five stages. According to the Criminal Procedure Law of the People's Republic of China (amended in 2018), the order of the first-instance criminal trial is usually as follows: First, preparation for the trial. The presiding judge identifies the parties' identities, announces the case and the composition of the collegial panel, and informs the parties of their litigation rights; Second, court investigation. The public prosecutor reads the indictment, and the defendant and the victim make statements. Both the prosecution and the defense sides cross-examine and question each other, and present, identify, and cross-examine evidence; Third, court debate. The public prosecutor, the victim, the defendant, and their attorneys express their opinions in turn and debate with each other; Fourth, the defendant's final statement; Fifth, deliberation and sentencing. After deliberation, the collegial panel makes a judgment according to law, which may be announced in court or at a later date. In addition, for cases applying simplified procedures or fast-track procedures, the trial process can be simplified. The focus of the defense is usually on the cross-examination of evidence in the court investigation and the opinions on sentencing in the court debate. The final statement is also an important opportunity for the parties to express their remorse and requests.

I. Problem Background and Typical Scenarios

For the first time attending a criminal trial, litigants and their families often lack clarity about the legal process and don't know when to speak or how to respond. There are three typical scenarios: first, in ordinary procedure cases with numerous pieces of evidence and significant disputes, the trial may last for several days; second, in cases where the defendant pleads guilty or the facts are clear, the simplified or fast-track trial procedures are applied, which significantly streamline the process; third, when the defendant retracts their confession or presents new evidence in court, the pace of the trial changes accordingly. Understanding the steps involved can help people respond calmly and effectively.

II. Key points of contention

Firstly, the methods and focuses of cross-examination of evidence during the court investigation stage. Secondly, the order of speaking and content boundaries in court debates. Thirdly, the significance and precautions of the defendant's final statement. Fourthly, the procedural differences between summary and expedited trials and ordinary trials. Fifthly, the mode of sentencing and the appeal period. These issues directly affect the effectiveness of the defense and the procedural rights of the parties involved.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm has summarized three key points in criminal defense. Firstly, court investigation is the core: After the prosecutor reads the indictment, the defense team should conduct questioning, cross-examination, and challenge the evidence surrounding the alleged facts and charges; the defense attorney should focus on reviewing the legality, authenticity, and relevance of the evidence, apply for the exclusion of illegal evidence, and challenge the formation process of appraisal opinions, electronic data, and witness testimonies. Secondly, court debate focuses on conviction and sentencing: The defense attorney may express opinions on whether the defendant did not commit a crime, the distinction between this crime and another crime, the form of the crime, the defendant's role in joint crime, and sentencing circumstances such as voluntary surrender, meritorious service, plea bargaining, and restitution of illicit gains. The debate should focus on facts and law and avoid emotional confrontation with the prosecutor. Thirdly, the final statement cannot be ignored: The defendant may make statements on their attitude towards repentance, family circumstances, and requests for lenient punishment, which is an important opportunity to express their subjective attitude, but they should not retract their confessions or make statements that conflict with the defense strategy. Fourthly, procedural streamlining: For cases with clear facts, sufficient evidence, and the defendant's admission of guilt and plea bargaining, fast-track or summary procedures can be applied, with simplified trial processes and shorter time limits; for complex cases, ordinary procedures should be applied to fully guarantee the rights to cross-examination and debate. Fifthly, post-trial matters: After the verdict is announced, an appeal can be filed according to law, and attention should be paid to the preparation of the appeal period and grounds; lawyers should assist in assessing whether to appeal and formulating appeal strategies. This case is handled by Beijing Henglue Law Firm. 恒略律师在刑事辩护中总结了三点经验。其一,法庭调查是核心:公诉人宣读起诉书后,围绕指控事实与证据展开讯问、发问和质证;辩护人应重点审查证据的合法性、真实性与关联性,提出排除非法证据申请,对鉴定意见、电子数据与证人证言的形成过程提出质疑。其二,法庭辩论聚焦定罪与量刑:辩护人可就有无不构成犯罪、此罪与彼罪、犯罪形态、共同犯罪中的地位作用以及自首、立功、认罪认罚、退赃退赔等量刑情节发表意见;辩论应围绕事实与法律,避免与公诉人进行情绪化对抗。其三,最后陈述不可忽视:被告人可就悔罪态度、家庭情况与请求从轻处罚作出陈述,是表达主观态度的重要机会,但不宜翻供或发表与辩护策略相冲突的内容。其四,程序分流:事实清楚、证据充分且被告人认罪认罚的案件,可适用速裁或简易程序,庭审流程简化、审限较短;复杂案件则适用普通程序,充分保障质证与辩论权利。其五,庭审后事项:宣判后可依法上诉,注意上诉期限与理由的准备;律师应协助评估是否上诉及上诉策略。本案由北京恒略律师事务所代理。Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, communicate fully with the lawyer before the trial to clarify the defense strategy and the content of the statement; Second, pay attention to the cross-examination in the court investigation stage and put forward opinions based on the three characteristics of the evidence; Third, focus on the conviction and sentencing in the court debate and avoid emotional expressions; Fourth, grasp the expression of remorse and requests for a light sentence in the final statement. For the overall criminal defense, you can refer to the following suggestions:Criminal defense and criminal case filing; For matters involving procedural rights and coercive measures, you may refer to the following documents for reference.Special services; For cases involving enterprises, you can refer to the relevant materials.Business and contract disputes in enterprisesLegal basis: Articles 190, 195, 200, 220, and 222 of the Criminal Procedure Law of the People's Republic of China (amended in 2018). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, the cross-examination of evidence in court is the core part of the defense and should not be taken lightly. Secondly, the debate focuses on conviction and sentencing, and is conducted around facts and laws. Thirdly, the final statement is an important opportunity to express remorse and request a light sentence. Fourthly, the simplified and fast trial procedures have been streamlined, but still guarantee basic rights. For matters involving the overall criminal defense plan, you can proceed through the following steps:Criminal defense and criminal case filingThe service is supported. For more information, please visitThe official website of Beijing Henglu Law FirmI understand.

VI. Frequently Asked Questions

Q1: How often are trials held in criminal first-instance cases?

There is no fixed number of hearings. Cases with clear facts and concentrated evidence usually require only one hearing; cases with a large amount of evidence, significant disputes, or multiple defendants may require multiple hearings. Cases applying simplified and fast-track procedures involve fewer hearings and shorter durations, while ordinary procedures fully guarantee cross-examination and debate.

Q2: What is the main purpose of the court investigation stage?

The prosecutor reads the indictment, and the defendant and the victim make statements. The prosecution and the defense parties question and cross-examine each other about the alleged facts, and present, identify, and cross-examine various pieces of evidence. The defense attorney should focus on the legality, authenticity, and relevance of the evidence and may apply to exclude illegal evidence, which is the core part of the defense.

Q3: What should the defendant say in his/her final statement?

The defendant may make statements on their attitude towards repentance, the return of illicit gains and compensation, actual family difficulties, and requests for lenient punishment. It is advisable to adopt a sincere attitude and make concise statements. It is not appropriate to recant one's confession or make statements that conflict with the defense strategy, nor should one repeat the cross-examination opinions already raised in the debate. Before making a statement, the defendant may communicate with their lawyer.

Q4: What are the differences between simplified procedures and ordinary procedures?

The summary procedure is applicable to cases where the facts are clear, the evidence is sufficient, and the defendant pleads guilty. The trial process is relatively simplified, and the trial period is relatively short. The expedited trial procedure is even faster, usually conducted by a single judge. The ordinary procedure is applicable to complex, difficult, or cases where the defendant does not plead guilty, ensuring full protection of court investigation and debate.

Q5: What should I do if I'm not satisfied with the verdict after the sentencing?

An appeal may be lodged within the statutory time limit. Defendants, self-prosecutors, and legal representatives generally have the right to lodge an appeal within ten days after receiving the judgment. The appeal may raise objections to the determination of facts, the admissibility of evidence, and the conviction and sentencing. It is recommended that lawyers evaluate the possibility of appeal and prepare the appeal statement to avoid missing the deadline.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Liu Liqiang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.