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1、1庭审程序指引审判长 : 现在开庭。广东省广州市中级人民法院刑事审判庭第一庭,今天就广州市人民检察院提起的被告人_ _案依法进行公开庭审。Now the court is in session. Today, the First Criminal Division of Guangzhou Intermediate Peoples Court, Guangdong, is to hear the _ case against _ filed by Guangzhou Peoples Procuratorate in a open court in accordance with the law
2、. 审判长 : 核对被告人身份情况(姓名、出生年月日、民族、籍贯、出生地、文化程度、职业、住址,是否受过法律处分及种类、时间,何时被抓获?何时被拘留?何时被逮捕?)State your name for the record.What is your date of birth?What is your nationality?What is your education background / level?What do you do as a career?Where is your domicile?Have you been found guilty before?When and
3、where were you captured?When were you put into detention?When were you arrested?2审判长 : 被告人收到广州市人民检察院的起诉书没有?何时收到的?距今天是否有 10 天了?Have you received the indictment formulated by Guangzhou Peoples Procuratorate? When did you receive it? Has it been ten days since you received it?审判长 : 下面宣布法庭有关事项。今天审理此案的合议
4、庭由 X 和X、X,由 X 担任审判长。速录员 X 担任法庭记录,书记员 X 负责法庭的其他事项。广州市民检察院指派检察员 X、X 出庭支持公诉。I hereby announce the relevant issues concerning the court session. The collegial panel in charge of the present case consists of Judge X, Judge X, and Judge X, with Judge X as the presiding judge. Stenographer X is responsible
5、 for court records. Clerk X is in charge of other issues. Prosecutor X, assigned by Guangzhou Peoples Procuratorate, appears in court to support the public prosecution. 审判长 : 在送达起诉书时,被告人提出庭审时需_语翻译。受本院的聘请,来自_的_翻译3员担任法庭翻译。被告人,你是否同意?When the indictment was served, Defendant stated that he was in need o
6、f a(n) _ interpreter during the court proceedings. Hired by this Court, _sent by_ works as a court interpreter. Defendant, do you agree?审判长 : 依照法律规定规,被告人认为上述合议庭组成人员或书记员、公诉人、翻译人员中有与本案有利害关系或其它关系,可能影响案件公正处理的,有权申请回避。被告人 X 听清没有?是否申请回避?In accordance with the law, Defendant may demand challenge any one of
7、the collegial panel, the clerk, the public prosecutor, and the interpreter if he believes that he or she has an interest in the present case and may thus affect the impartial handling of the case. Defendant is that clear to you? Do you want to challenge anybody?审判长 : 按照法律规定,庭审期间,被告人,辩护人可以提出新的证据,传唤新的
8、证人、调取新的证据,进行新的检查或勘验,被告人是否有这样的申请? 4In accordance with the law, during the court proceedings, Defendant and the defense counsel may present new evidence, summon new witnesses, obtain new evidence, or conduct new inquest or examination. Defendant, do you have such application?审判长 : 控辩双方在申请举证时,应当说明所举证据的
9、来源和所需要证明的内容。控辩双方向法庭提交证据,应当提供原件、原物,不能提交原件、原物的,应当说明理由。经法庭同意并核实后可以提交副本或者复印件。公诉人除开庭前向法庭提供的证据目录外,有无新的证据需要在法庭上提出?When presenting the evidence, the prosecution and the defense shall state the source of the evidence and the content the evidence is intended to prove. Both parties shall present originals. If
10、no original is available, the party shall state the reasons why the original is unavailable. Only upon approval and verification of the court can the party present duplicates or photocopies. Public prosecutor, do you have new evidence to present to the court besides the list of evidence having been
11、presented prior to the court session?审判长 : 根据法律规定,被告人享有辩护的权利,除自行辩护外,还可委托辩护人为其辩护。本院在送达起诉书后到今天为止,没有收到被告人的有关信函说明其已聘请了律师。受本院指定,广州市5法律援助处指派,_律所的_律师担任被告人的辩护律师。今天也是_律师出庭为被告人辩护,被告人,你是否同意?In accordance with the law, Defendant enjoys the right to defense. Besides exercising the right to defend himself, he may
12、 retain others to be his defense counsels. Since the indictment was served on Defendant, the court has not received from Defendant any letter stating that he has hired a lawyer. Designated by this court and assigned by Guangzhou Legal Aid Center, _ from _ law firm works as the defense counsel for De
13、fendant. Today, _ appears in court to defend for Defendant. Defendant, do you agree?审判长 : 今天的庭审分三个阶段:法庭调查、法庭辩论、被告人最后陈述。现在进行法庭调查。首先由公诉人宣读起诉书。Todays court proceedings proceed along with three steps, court inquiry, courtroom argument, and final statement by Defendant. Now the courtroom inquiry commence
14、s. First of all, the public prosecutor reads out the indictment. 审判长 : 以上起诉书,被告人听清楚了没有? 对起诉书中的指控,包括事实和罪名,有没有什么意见?6Defendant, are you clear about the indictment which has just been read? Do you have any objection to the charges in the indictment, including the facts and the crime?审判长 : 公诉人可对被告就指控事实进行
15、发问。The public prosecutor may question Defendant concerning the charges?公诉人 :发问 完毕。The questioning rests. 审判长 : 辩护人是否要发问被告人?Defense Counsel, do you want to question Defendant?辩护人 :发 问完毕。The questioning rests. 审判长 : 公诉人是否还有问题?Any other questions from the public prosecutor? 审判长 : 辩护人是否还有问题?Any other questions from the defense counsel? 7审判长 : 现在开始举证。请公诉人出示本案相关证据。Its time to present evidence. The public prosecutor may present the evidence relevant to this case. 审判长 : 被告人,你对上述证据有什么异议?Defendant, do you want to challenge the afo