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Trials of cases of first instance in the higher people''s courts or the Supreme People''s Court shall be conducted by a collegial panel composed of three to seven judges or of judges and people''s assessors totaling three to seven.
Trials of appealed and protested cases in the people''s courts shall be conducted by a collegial panel composed of three to five judges.
When the collegial panel is deciding the sentence, if opinions diverge, the minority obeys the majority, but the opinions of the minority shall be entered in the records.
Qualifications of the People''s Assessors. According to the Organic Law of the People''s Courts of China, citizens who have the right to vote and to stand for election and have reached the age of 23 are eligible to be elected people''s assessors, but persons who have ever been deprived of political rights are excluded. When performing their functions in the people''s courts, the people''s assessors shall enjoy equal rights with the judges.
Make Judgments. After the hearings and deliberations, on the basis of the established facts and evidence and in accordance with the provisions of relevant laws, the collegial panel shall render a one of the following judgments:
1) If the facts of a case are clear, the evidence is reliable and sufficient, and the defendant is found guilty in accordance with law, he shall be pronounced guilty accordingly;
2) If the defendant is found innocent in accordance with law, he shall be pronounced innocent accordingly;
3) If the evidence is insufficient and thus the defendant cannot be found guilty, he shall be pronounced innocent accordingly on account of the fact that the evidence is insufficient and the accusation unfounded.
In all cases, judgments shall be pronounced publicly.
In trying cases, the people''s courts shall apply the system whereby the second instance is final.
2. Types of Penalties
Range of penalties. Penalties are divided into principal penalties and supplementary penalties in the criminal law.
Principal penalties include: 1) public surveillance; 2) criminal detention; 3) fixed-term imprisonment; 4) life imprisonment; and 5) the death penalty.
Supplementary penalties include: 1) fine; 2) deprivation of political rights; and 3) confiscation of property. The supplementary penalties can also be applied independently.
Public surveillance is imposed for minor offenses. The offender usually continues to work in his or her place of employment and continues to receive normal wages, while undergoing the supervision of public security agents. The offender is required to make periodic reports of his or her circumstances. This penalty can be set for a period of 3 months to 2 years.
Criminal detention is also imposed for minor offenses. The offender is deprived of freedom and confined in a detention house, rather than a prison institution. The offender may go home 1 or 2 days each month and be paid for work. This penalty can be set for a period of 1 month to 6 months.
Fixed-term imprisonment periods can be set between 6 months to 15 years. However, the sentence may reach 20 years when combined with other penalties.
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