Civil mock trial script

Simulated small court script-campus theft

[Clerk]: Whether the plaintiff and his agent appear in court, and whether the defendant and his agent appear in court, the court discipline is now announced:

1, please turn off all kinds of communication tools and prohibit recording, video recording and photography.

2. Do not clap, make noise or commit other acts that hinder judicial activities;

3, without the permission of the judge, not allowed to speak and ask questions;

4. Those who disturb the court order by making noise, assaulting the court, insulting or beating the judge shall be investigated for criminal responsibility according to law, and if the circumstances are minor, they shall also be fined.

[Clerk]: Please all stand up. Please ask the presiding judge and judges to enter the court. (The presiding judge and the judges are seated in turn. )

[Presiding Judge]: Please sit down.

[Clerk] The court is ready. Please instruct the court to begin.

Trial 1: The mock trial criminal court of Class 6, Class 5, huanghe road No.2 Primary School is now in session. Summon the defendant Liu Han to the court. The bailiff brought the defendant Liu Han to the dock. )

What's your name? Date of birth? : nationality? Birthplace? Education level? Home address?

Be: Korean Wave. 1September 2, 9971. Han. Shenzhen, Guangdong. I am in the sixth grade of primary school. XX .

Trial: Have you ever been punished by law before?

Bei: No.

Trial: When were you detained in criminal detention this time?

Be: 10 month 10 day.

Interrogation: When were you arrested?

Be:1October 30th.

Trial: Have you received the indictment from Luofang Primary School Procuratorate?

Roger that.

Trial: When did you receive it?

Bei: Ten days ago.

Trial: The Juvenile Court of Shenzhen Luofang Primary School is now in open session to hear the Korean Wave theft case of Shenzhen Luofang Primary School. According to the provisions of the Criminal Procedure Law, the defendant enjoys the following rights during the trial:

1. If the above-mentioned personnel are interested in the case and affect justice, they may request to be replaced.

The defendant can defend himself.

Trial: Now the court investigation begins. First, the indictment is read by the prosecutor.

Man: (station)

The indictment of Luofang Primary School Procuratorate.

Defendant Liu Han, male, born on1September 2, 1997, Han nationality, is a sixth-grade student of Luofang Primary School in Shenzhen, Guangdong Province. According to this law, it is hereby determined that:

The defendant, together with other students Zhang San (handled separately), stole the plaintiff's schoolbag on the ground in the Happy Garden of Luofang Primary School at 5 pm on June 8, 2008, stole a Parker pen and RMB cash 50 yuan, threw it into the toilet on the third floor and fled with stolen goods. After the incident, the public security organ obtained a cash 50 yuan and a pen from the defendant Liu Han (both of which were temporarily stored in our hospital).

The above facts are clear and the evidence is conclusive enough to confirm.

We believe that the defendant Liu Han and others stole other people's property by theft, which has constituted theft. In order to strictly enforce the law and protect citizens' legitimate property rights, according to the provisions of Article 141 of the Criminal Procedure Law of People's Republic of China (PRC), a public prosecution is hereby instituted. Please punish according to law.

Trial: This court is now investigating the criminal facts alleged in the indictment.

Trial: Defendant Liu Han, did you understand the indictment just read by the public prosecutor?

A: I understand.

Review: Do you want to modify the sentence?

A: No modification.

Gong: When did you arrive at the Happy Garden?

Bei: After school, about 4: 50.

G: What are you doing here?

Yes: play.

Gong: How can you remember to steal money when you get to the Happy Garden?

Be: Because I saw no one beside the schoolbag on the ground, I wanted to see what was inside, but I didn't want to steal it.

Gong: Who thought of taking money and pens from the schoolbag?

Yes: me.

Gong: What are you going to do after stealing it?

Bei: I have never thought about it.

G: What about the three?

Bei: He is observing whether anyone is coming.

G: What did you steal?

Quilt: Cash, 50 yuan, a pen.

G: Who took the money?

Yes: me.

G: The trial is over.

Trial: Counselor, do you need to ask the defendant questions? (The presiding judge asked the defendant's defense lawyer. )

Debate: Yes.

Trial: Counselor, you can question the defendant now.

Do you usually go home on time after school?

Bei: Yes.

Debate: Have you ever taken other people's things without permission before?

Bei: Never.

Question: How about your usual academic performance?

Be: average grade B+.

Do you often go to Internet cafes to play?

Bei: Never.

Argument: The interrogation is over.

Trial: Both the defendant and the defendant can apply for supplementary interrogation or question.

Yuanhe quilt cover: No.

Trial: Next, the prosecutor will provide evidence to the court.

The prosecutor asked the court to summon witness XXX to court.

Trial: the court allows witness XXX to appear in court. The bailiff took the witness to the witness stand. )

What's your name?

Certificate: XXX.

Judge: Age?

Certificate: 9 years old.

Trial: class?

Certificate: Class 3, Grade 4.

Trial: According to the law, witnesses should provide truthful testimony, and those who intentionally commit perjury or conceal criminal evidence should bear legal responsibility. Can you guarantee that the testimony of witness XXX is true?

C: Yes.

Please sign the guarantee. As soon as the jury takes out the guarantee, the witness can sign it. )

Trial: Prosecutor, you can ask the witness questions now.

G: Can you repeat the situation?

Proof: At about 5: 20pm on October 8th, 2008/KLOC-0, I was playing in the Happy Garden at 65438. I saw two people carrying schoolbags, but suddenly I grabbed another schoolbag from the ground and ran quickly to the teaching building. I followed them all the way to the toilet on the third floor, hiding aside, and saw them pour everything in their schoolbags on the ground, took a pen and a dollar and ran away.

G: Are those two people you saw there?

C: Yes. That's him. The witness pointed his finger at the defendant. )

G: that's all.

Trial: Defendant, do you have any objection to the testimony of the witness?

Bei: No.

Trial: Witness XXX withdrew from court.

Trial: The public prosecutor can continue to give evidence.

Man: Now read the plaintiff's testimony: (read by the plaintiff)

Witness's testimony

On June 8, 2008, around 5 pm, at 65438, I was playing in the Happy Garden. When I was about to leave, I found my schoolbag missing. I immediately report to the brigade headquarters. After a search by the brigade, I found books scattered all over the floor in the toilet on the third floor. I counted and found that I was missing a Parker pen and 50 yuan's money for playing magazines.

Plaintiff: Tang Hao.

2000165438+120 October

Trial: What is the defendant's objection to the witness's testimony?

Bei: No.

Trial: What is the defender's objection to the witness's testimony?

Argument:No. 。

Trial: The public prosecutor continues to give evidence to the court.

G: Now the recovered items are submitted to the court: (The bailiff shows Parker's pen and 50 yuan RMB sealed in plastic bags. )

Trial: What are the objections of the defendant and defender to the material evidence?

Defense and defense: no.

Trial: Does the public prosecutor have any other evidence to submit to the court?

G: the proof is over.

Trial: Does the defendant have any evidence to submit to the court?

Bei: No.

Trial: Lawyer, do you have any evidence to submit to the court?

Argument: No.

Trial: the court investigation is over, and now the court debate begins. First, the public prosecutor speaks.

Gong: As a public prosecutor, I filed a public prosecution against the theft of the Korean Wave. The evidence in this case is conclusive and the case is clear. The defendant is still very young and should have a happy and beautiful life through his own efforts, but the defendant tried to get something for nothing and embarked on the road of crime. In order to educate prisoners and enforce the law, the court is requested to severely punish the defendant. Finally, the jury was asked to punish the defendant for 40 hours of community service and cleaning the classroom for two weeks.

Defendant: Dear presiding judge and people's assessor, we are lawyers of Luo Fang Law Firm. According to the provisions of the Criminal Procedure Law and the Lawyers Law, we accept Liu Han's entrustment to act as his defense lawyer and defend him. Before the trial, the defender basically understood the case by meeting with the defendant, and only listened to the court's investigation of the case and got a further understanding of the case. First of all, I have no objection to the evidence presented by the prosecutor, but I have several points to clarify.

First, my client has been doing well in school and has excellent academic performance; Second, he never stole it;

Third, he is honest and kind, filial to his parents and never goes to Internet cafes. Fourth, he broke his promise in changing money and was commended by the school. Fifth, my client is only a primary school student at present, receiving less legal discipline education and weak legal concept. But I'm not saying that if you don't know the law, you shouldn't be punished by the law. But if he knew the law, the result might not be like this. After being arrested, my client confessed to the public security organ with a good attitude and no criminal record. Please ask the court to give a lighter sentence based on the above considerations.

Original argument: Does the defendant's lawyer mean that if you don't know the law, you shouldn't be punished by the law?

Defendant: Of course not, but the law is nothing more than human feelings. I ask the court to take this into account when sentencing.

Original argument: We do have deep sympathy for the defendant, but sympathy cannot replace the law. On the contrary, we believe that only by severely punishing the defendant can we truly educate the defendant and truly solve the problem fundamentally. Theft often happens among teenagers. Vanity, greed for petty advantages, bad social influence and lax family discipline will all make them get into bad habits. If they are not educated and corrected in time, they will embark on the road of crime. If the defendant is not severely punished this time, there will be more Korean waves (names of defendants)!

Being discriminated against: dealing with student theft cannot be simple and hasty, but should be good at analysis and take appropriate measures to solve it. For students who steal, we should start with ideological education, make them aware of the seriousness and harmfulness of their mistakes, give them the opportunity to correct their mistakes, and let them correct themselves. As long as he returns the stolen goods voluntarily, he should be given a lighter punishment.

Original argument: the problem of campus theft is getting more and more serious, showing an upward trend, which cannot but attract our attention. Stealing is harmful to teenagers and family society. If not found and stopped in time, thieves on campus today may become thieves in society tomorrow!

Defense: The plaintiff's lawyer is right. However, the key is what attitude we take to deal with this problem after the theft. For example, in this case, suppose that after the case happens, if it is simply to save trouble, then the result is that the party concerned is expelled from school for breaking the law, and then the student may be pushed to the society and become a social youth, unable to continue his studies. Therefore, it is necessary to adopt the way of "heart for heart" and use emotion to make students with bad moral character suffer, feel guilty, take the initiative to withdraw stolen goods and return them to their original owners. In this way, he was given a chance to turn over a new leaf, let him learn from this incident, and let him continue to complete his studies and become a pillar of the country in the future.

Original argument: (silent, speechless)

Trial: (asking about the original argument) Does the defender have any new arguments?

Original argument: No.

Trial: The court debate is over. Defendant, you can now make a short speech on the facts and evidence of the case, the seriousness of the crime, your understanding of the crime and the requirements for conviction and sentencing.

Bei: I just want to go to the Happy Garden, not steal anything. Later, I found a beautiful schoolbag on the ground. Out of curiosity, I took a look. At this time, Zhang San said simply take the schoolbag away. I didn't realize at all that my behavior would hurt others. I ask the court for a lighter punishment. (play)

Trial: The court is adjourned. After deliberation by the collegial panel, the verdict will be pronounced in court.

(The presiding judge will discuss with two jurors for a while)

Trial: Now continue the trial. Now, the verdict is announced: We believe that the defendant Liu Han has committed the crime of stealing other people's property. The fact that the defendant Liu Han committed theft is clear, the evidence is conclusive and sufficient, and the accusation is established and should be supported. After all, the defendant in this case is still a minor, and his thoughts are naive and simple. Sometimes he is driven by vanity or profit, and it is inevitable that he will have greedy ideas, but as long as we educate him properly, it can be saved. In view of the defendant Liu Han's good attitude of pleading guilty after he was brought to justice, our court gave the defendant a lighter punishment as appropriate. The verdict is as follows:

[Clerk]: Please all stand up. (station)

Trial: 1. Defendant Liu Han was convicted of theft, sentenced to 30 hours of community public service and a week of cleaning the classroom, and returned the stolen items in court.

The judgment was pronounced orally today and served within 5 days after the court adjourned. If you refuse to accept this judgment, you can appeal to the Luofang Primary School Intermediate People's Court or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.