On the Subject Matter of Criminal Adjudication and Amendment of Charges
LI Chang-lin
Abstract
LI Chang-lin
Abstract
The criminal court has the final saying upon the application of criminal law. But this power is restricted by many factors such as the principles of the separation of prosecution and trial, no trial without charge, and the doctrines of defense and adversary, of which the most important is the trial court shall not pass adjudication that worsening the plight of the defendants that the charges without prior information. The author gives a comparative law study of the amendment of charges by trial court and points out the principles that shall be abide by when our courts doing so.
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The criminal court has the final saying upon the application of criminal law. But this power is restricted by many factors such as the principles of the separation of prosecution and trial, no trial without charge, and the doctrines of defense and adversary, of which the most important is the trial court shall not pass adjudication that worsening the plight of the defendants that the charges without prior information. The author gives a comparative law study of the amendment of charges by trial court and points out the principles that shall be abide by when our courts doing so.
Key concepts: Adjudication, Law, Political science, Subject matter, Criminal procedure, Charge (physics), Criminal law, Power (physics)