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Experience of mock trial On June 5438+February 2, 20021,I participated in the mock trial of the law major of Sichuan Radio and TV University, a provincial organ, and simulated the role of the state prosecutor. Thanks to the careful preparation of the students and the patient guidance of the teacher, the activity was a complete success. The case of this mock trial is a case of occupation. The specific case is as follows: The suspect stated that he was a male, who used to be the deputy manager of the engineering department of Qingyang District Property Management Company in Chengdu, and was responsible for collecting property management fees, utilities and other fees in the community. The criminal suspect stated that from June 5438 to February 2002, he collected property management fees, utilities and other fees from all residents in the community, totaling more than 80,000 yuan, which was not turned over to the company's finances for personal gambling and absconding. Later, the company contacted him many times without success. He reported the case to the public security organ in February 2002. Later, the suspect said that in April 2002, his residence in Dongguang community of this city was sealed up by the local police station. At the beginning of the mock trial, the students who play the role of the clerk read out the court discipline and told them the discipline they should pay attention to during the trial, followed by the presiding judge, jury, state prosecutor and the defender of the suspect. After all the staff were seated, the presiding judge announced the start of the trial. The presiding judge asked the bailiff to take the defendant's statement to court. After asking about the name, age, nationality, criminal record and the reason and time for taking compulsory measures, he asked whether the statement of the criminal suspect required to be withdrawn, and the statement of the criminal suspect did not require to be withdrawn. Under the auspices of the presiding judge, the state prosecutor I played read the indictment. The accused criminal suspect said that he used the convenience of being the deputy manager of the engineering department of Qingyang District Property Management Company in Chengdu to encroach on the property fees, utilities and other fees that the company should charge, totaling more than 80,000 yuan, which was suspected of job embezzlement. After the suspect indicated that he had no objection to this, and the defender of the suspect also indicated that he had no objection, the trial entered the court investigation stage under the auspices of the presiding judge. At the stage of court investigation, as a state prosecutor, I presented evidence to support the charges in court, including: witness Wang Jun, manager of Chengdu Qingyang Property Management Company, which proved that the suspect stated that he was the deputy manager of the engineering department of Chengdu Qingyang Property Management Company, and was responsible for collecting property management fees, utilities and other fees in the community. The suspect stated that he did not pay the property management fees that he should have charged to the company in June 5438 +2002 10 -2. Physical evidence shows the payroll of Chengdu Qingyang Property Management Company in 2002, which proves that the suspect stated that he was an employee of Chengdu Qingyang Property Management Company and received his salary in Chengdu Qingyang Property Management Company. The criminal suspect stated a letter written to Chengdu Qingyang Property Management Company in March 2002, in which the criminal suspect stated the property fees, utilities and other fees collected by him in February 2002, asked the leaders of Chengdu Qingyang Property Management Company to forgive him, and expressed his willingness to pay back the money slowly. Witness testimony was read out in court: the testimony of Li, a financial officer of the company, confirmed that he handed over the company's property management fees, utilities and other expenses to the criminal suspect from February 5 to June 38, 2002; The testimony of Cui, a financial officer of a company, confirmed that he handed over the property management fees, utilities and other expenses of the company from June 5438 to February 2002 to the criminal suspect for statement; And show the receipts of property management fees, utilities and other expenses issued by the suspects to the two companies, totaling more than 80,000 yuan. The statement of the criminal suspect and his defender have no objection to the above evidence. Because the statement of the criminal suspect and his defender have not submitted other evidence, the presiding judge announced that he would enter the next procedure-court debate. In this court debate procedure, I played the prosecutor's opinion that the criminal suspect should be punished as the crime of duty embezzlement for taking advantage of his position as the deputy manager of the engineering department of Qingyang District Property Management Company in Chengdu to embezzle property management fees, utilities and other expenses totaling more than 80,000 yuan for personal gambling. The defender of the suspect pleaded guilty to the statement. The defense opinion expressed is that the fact that the criminal suspect embezzled the property management fees, utilities and other expenses of Qingyang District Property Management Company in Chengdu totaled more than 80,000 yuan was established. However, the suspect said that he was unable to repay because of gambling owing to usury, and the lender said that he would repay with the personal safety threat of his daughter mentioned by the suspect. The suspect stated that in 2002, in order to protect his daughter's personal safety, he was forced to charge 1- from Chengdu Qingyang Property Management Company. Afterwards, the suspect said that he took the initiative to write to the leaders of Chengdu Qingyang Property Management Company to admit his mistake and expressed his willingness to pay back the money. Just because of his own economic problems, he can't afford it at the moment. He hoped that the leaders of Chengdu Qingyang Property Management Company would give him a chance to pay back the money slowly by stages in the next few years. This fact is enough to prove that the criminal suspect's statement has the plot of surrender. I should be given a lighter punishment. The state prosecutor I play has no objection to the defense opinions expressed by the defenders stated by the suspects. Since both the prosecution and the defense have clarified their views, the presiding judge announced a five-minute recess until the collegial panel discussed the case. Five minutes later, the presiding judge announced the continuation of the trial, and the suspect made a final statement. The criminal suspect stated that he lost a lot of money because of gambling, and borrowed usury in order to make a comeback, but he still lost. The owing usury can't be repaid, and the lender threatens her daughter's personal safety to repay, but she can't get enough money. In order to protect her personal safety, the property management company in Qingyang District of Chengdu misappropriated property management fees, utilities and other expenses from June 5438 to February 2002, totaling more than 80,000 yuan. Afterwards, I went to other places and took the initiative to write to the leaders of Chengdu Qingyang Property Company to admit my mistake. I hope that the leaders of Chengdu Qingyang Property Company will forgive him and express their willingness to pay back the money, but he has no money now and can pay back the money slowly through his own labor income. I hope the court can give a lighter punishment. After the criminal suspect made his final statement, the presiding judge read out the verdict. The suspect said that he was sentenced to two years in prison for the crime of occupational embezzlement. The suspect said that he obeyed the judgment and did not need to appeal. The presiding judge announced an adjournment. After the mock trial, the judges of Qingyang District Court made on-site comments on our performance. When the judge of Qingyang District Court questioned the criminal suspect's statement, he thought that the state prosecutor I played was a little lacking in momentum. Does not reflect the majesty of the law represented by the state prosecutor. At the same time, the judges of Qingyang District Court also commented on the performance of students who played other roles, which benefited us a lot. Through this mock trial activity, I deeply learned the necessary procedural steps in the trial. This procedure reflects the fairness and openness of China's legal work, and is conducive to cracking down on crimes and maintaining social stability. It is also conducive to protecting the rights of criminal suspects. At the same time, I am familiar with some court debate skills and litigation methods. Through the trial in this mock trial, my understanding of court trial has been greatly improved.