单词 | Opening address |
释义 | 開審陳詞 A statement made by counsel in civil or criminal proceedings, outlining the issues in dispute between the parties and evidence that will be called in support. For instance, in criminal proceedings, the prosecution is entitled to open his case after the jury is empanelled. The opening consists of an outline of the prosecution evidence and an explanation as to its bearing on the case. The purpose of the prosecution’s opening address is to direct the minds of the jury to the issues of the case. In practice, there may be situations where the trial judge exercises his discretion to permit the prosecution to re-open its case if the interests of justice so requires: Halsbury’s Laws of Hong Kong, Vol 9, Criminal Law and Procedure [130.763], [130.779]. Counsel for the defence is also entitled to make a speech at the opening of the defence case: Halsbury’s Laws of Hong Kong, Vol 9, Criminal Law and Procedure [130.776]. 由民事或刑事審訊中的律師所作出的陳述,概括各方之間所爭議的爭論點及將傳召的證據。例如在刑事訴訟中,控方有權在選任陪審團後開展其案。開審由控方證據的概括及該等證據對此案件的影響。控方開審陳詞的目的是給予陪審團有關案件爭論點的指示。實際上,主審法官可能可以行使其司法管轄權允許控方重新開展其案,如果司法權益有需要其作出此決定:Halsbury’s Laws of Hong Kong, 第9冊,刑法與刑事訴訟程序,第 [130.763]及[130.779]段。辯方律師亦有權在辯護案件開展時作出其陳詞:Halsbury’s Laws of Hong Kong, 第9冊,刑法與刑事訴訟程序,第[130.776]段。 |
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