Legal analysis: Basic procedures for pre-trial conferences:
1. Regarding the beginning of the pre-trial conference. In addition to stipulating the four types of cases in which the People's Court can decide to convene a pre-trial conference, it also stipulates that both the prosecution and the defense can apply to the People's Court to convene a pre-trial conference. Of course, if the prosecution and the defense apply to convene a pre-trial conference, it will not inevitably lead to the convening of a pre-trial conference. After reviewing the applications of the prosecution and the defense, if the People's Court deems it necessary to convene a pre-trial conference, it may not convene it, but it decides not to convene it. If there is a pre-trial meeting, the applicant shall be notified.
2. Regarding the convening of pre-trial conference. Pretrial conferences are generally closed to the public. At the same time, considering that the pre-trial conference in some cases may only resolve relatively simple procedural issues such as the right to rescind, jurisdiction, and closed trials, and the parties and defenders may not be local for the time being, the pre-trial conference may use video conferencing based on the circumstances of the case. etc. Without affecting the quality of pre-trial conferences, the People's Court adopts a flexible method to hold pre-trial conferences, which not only facilitates litigation for parties, but also improves litigation efficiency.
3. Regarding the host of the pre-trial conference. Pretrial conferences are generally presided over by the presiding judge. At the same time, other members of the collegial panel shall be taken into consideration, and the collegial panel shall be jointly responsible for the case. If the judge is unable to preside over the case due to special circumstances, it is stipulated that other members of the collegial panel may also preside over the case. Depending on the circumstances of the case, the presiding judge may instruct the judge's assistant to preside over the pretrial conference.
4. Regarding the participants of the pre-trial conference. Other members of the collegial panel can participate in the pre-trial conference; at the same time, based on the protection of the rights and interests of the defendant, the formation of a situation of equal confrontation between the prosecution and the defense, and the requirements of the People's Procuratorate as a "legal supervisor", the prosecutor and defender should participate in the pre-trial conference.
As for defendants’ participation in pre-trial conferences, the following two points should be paid attention to in judicial practice: First, if multiple defendants participate in pre-trial conferences, necessary measures should be taken to prevent collusion of confessions, especially in court. In the pre-trial conference, when the defendant's confession is involved (including objections to pre-trial confessions and occasions when illegal confessions are excluded during the trial), the court trial procedures can be followed, and the defendants can be organized to participate in the pre-trial conference one by one. Second, the defendant does not participate in the pre-trial conference. , the defender should listen to the defendant's opinions on matters handled at the pre-trial conference and pay attention to protecting the defendant's litigation rights.
5. Time and place of pretrial conference. As a pre-trial preparation procedure, in judicial practice, the pre-trial conference is held before the official trial, which is its proper meaning. In addition, after the People's Court adjourns the hearing, it can hold a pre-trial conference again.
Legal basis: Article 4 of the "Regulations on Pre-trial Meetings for Trial of Criminal Cases by People's Courts" pay attention to summarizing and promoting the experience and practices of the "Three Provisions" in trial work. People's courts at all levels must implement the "Three Regulations" "To take this opportunity, we should make it a priority to promote the reform of the trial system by improving the rate of witnesses, appraisers, and investigators appearing in court to testify, the rate of lawyer defense, and the rate of serving verdicts. It is necessary to adopt methods such as on-site inspections and trial observations to strengthen communication and exchanges between courts. People are willing to experience and improve together. We should adopt a positive and prudent approach to strengthen positive publicity and reporting, and create a good atmosphere for all parties to jointly promote the reform and respond to new situations and challenges encountered during the implementation process. Problems and new experiences and new practices discovered must be carefully summarized and reported to the Supreme People's Court in a timely manner.