Public prosecution evidence sneak attack lawyer requires preparation time [court trial stage]

During the court hearing, the evidence and cross-examination stage is an important part of the court investigation and an important means for the court to ascertain the facts of the case. Expressing cross-examination opinions on the evidence presented by the prosecution is an important part of the defendant and defender's exercise of defense rights. To fully express cross-examination opinions, especially evidence that has a significant impact on the defendant's conviction and sentencing, sufficient preparation time is inevitably required. The authenticity of some evidence needs to be verified with the parties, and the legality of the acquisition procedures needs to be verified for some evidence. Some evidence requires careful study of the content of the evidence to discover its relevance to the facts of the case. Therefore, if the prosecutor presents evidence in court, the defender will not have sufficient preparation time and will not be able to fully express his cross-examination opinions, and will not be able to achieve effective defense. In order to ensure the efficiency of litigation, both the prosecutor and the defender, except for new evidence discovered during the trial, should hand over all evidence materials to be presented in court to the court before the trial begins, and sneak attacks on evidence are strictly prohibited.

In practice, defenders should be fully prepared for the trial before the trial, so that they can discover evidence in time if they encounter a sneak attack. Once the defender discovers during the trial that the evidence presented by the prosecutor is evidence that has not been transferred to the court before, he should promptly raise an objection. If relevant evidence is found to have a significant impact on the defendant's conviction and sentencing, the defender may apply to the collegial panel for an adjournment and make necessary defense preparations. If the court does not give the defender time to prepare for cross-examination without justifiable reasons when the defender makes an application, it will obviously deprive the defendant and the defender of their defense rights. The defender can file a complaint with the case-handling agency or its superior agency, complain to the procuratorial agency, Complain and other channels to safeguard their legitimate rights and interests in accordance with the law.