The lawyer interpreted "Lao Rongzhi was rejected by the objection to the jurisdiction of the case": it should be proposed in the first instance

Jimu Journalist Yu Yuan Du Guangran

On the morning of August 18th, Lao Rongzhi suspected of the crime, robbery, and abduction of appeal cases of the suspect, and conducted a second trial in the Jiangxi Provincial Higher People's Court. During the meeting in front of the court, Lao Rongzhi and his defender said they did not apply for avoidance. Lao Rongzhi and his defenders were disagreed with the jurisdiction of the case and were rejected by the court according to law. Jimu Journalists interviewed two senior lawyers on the jurisdiction of the case.

Lawyer Fu Jian, Henan Yulong Law Firm, believes that the court rejected Lao Rongzhi and his defender's objection to the jurisdiction of the case. Lao Rongzhi did not apply for an objection to the jurisdiction in the first instance, saying that his approval was tried by the Jiangxi Provincial Intermediate People's Court. And the objection to the jurisdiction of the case shall be proposed within the statutory period, and the parties shall propose jurisdiction objections in the first instance defense period. If the objection is not established, the court shall reject it.

Lawyer Fu Jian introduced that criminal proceedings filed a case jurisdiction of the case and could refer to the provisions of the Civil Procedure Law. According to the provisions of the Civil Procedure Law, after the people's court accepts the case, if the parties have objections to the jurisdiction of the case, they shall be proposed during the submission of the defense. The objections made by the people's court should review the parties. If the objection is established, the case is transferred to the people's court with jurisdiction; if the objection is not established, the ruling is rejected.

Attorney Chai Xin of Beijing Dacheng (Wuhan) Law Firm said that the Supreme People's Court's interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China, the first chapter of the criminal case of criminal cases of the people's court, at the same time In the relevant provisions of the Criminal Case Pre -Meeting Meeting Regulations (trial), if the defendant and his defender have objections to the jurisdiction of the case, the reason should be explained. If the people's court is reviewed by the review that the objection is established, the case shall be returned to the people's procuratorate or transferred to the people's court with jurisdiction according to law; if the court should not exercise jurisdiction, it may request the people's court at the higher level to deal with it. If the people's court reviews that the objection is not established, the objection shall be rejected in accordance with the law. That is, the people's court can review the objection to the parties' jurisdictions, and those who think that they are not established can reject the objection.

Chai Xin also said that the jurisdiction of criminal cases must be determined during the investigation stage of the Public Security Bureau. Under normal circumstances, after the Public Security Bureau and the Procuratorate have obtained the jurisdiction of the case, the court's trial stage must have jurisdiction. Essence

It is understood that the morning trial of the Lao Rongzhi case has ended and will continue the trial in the afternoon.

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