Basis " criminal procedural law explains " the 241st regulation, to case of first instance public prosecution, after people court is tried, ought to enter a judgement respectively according to following scenario, ruling:
(1) the fact that sues accusation is clear, evidence really, sufficient, basis law maintains the charge that charges the accused person to hold water, ought to make guilty court decision;
(2) the fact that sues accusation is clear, evidence really, sufficient, the charge that the accusation of accusation and cognizance hold is abhorrent, the charge that ought to hold according to cognizance makes guilty court decision;
(3) case fact is clear, evidence really, sufficient, person of basis law cognizance defendant is innocent, ought to adjudicate person of declare the accused is innocent;
(4) evidence is insufficient, cannot hold the accused person guilty, ought to cannot hold water with the crime of evidential inadequacy, accusation, adjudicate person of declare the accused is innocent;
(5) case part fact is clear, evidence really, sufficient, ought to make guilty innocent perhaps court decision; Not clear to the fact, evidence is not worth a part, do not grant to maintain;
(6) because the accused person is malcontent 16 one full year of life, do not grant criminal punishs, ought to adjudicate person of declare the accused does not bear criminal responsibility;
(7) the accused person is mental person, in cannot identify or incontrollable harm result is created when him behavior, do not grant criminal punishs, ought to adjudicate person of declare the accused does not bear criminal responsibility;
(8) crime already spent time of limitation of prosecution and not be to must be chased after appeal to, perhaps make avoid penalty via amnesty, ought to rule stop cognizance;
(9) the accused person dies, ought to rule stop cognizance; According to the case fact that already found out and cognizance evidence, can affirm innocent, ought to adjudicate person of declare the accused is innocent.
