"Article 151 After the people's court decides to hold a hearing, it shall carry out the following work:
(a) to determine the members of the collegial panel;
(2) A copy of the indictment of the people's procuratorate shall be served on the defendant at least ten days before the court session. If the defendant fails to entrust a defender, he shall be informed that he can entrust a defender, and if necessary, he may appoint a lawyer who undertakes the obligation of legal aid to defend him;
(3) Notify the people's procuratorate of the time and place of the court session three days before the court session;
(4) Summon the parties and notify the defenders, agents ad litem, witnesses, expert witnesses and translators, and the summons and notice shall be delivered at least three days before the court session;
(5) For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session.
The above activities shall be recorded in the record and signed by the judges and the clerk. "
Please note that the provisions in the first paragraph here are all aimed at the "prescribed behavior" of the people's court: after the people's court decides to hold a hearing, it shall do the following work well. What is "should"? It is mandatory, that is, it must be done, and there is no other choice.
Secondly, see the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC) (1adopted at the 989th meeting of the the Supreme People's Court Judicial Committee on June 29th, 1998, and implemented on September 8th, 1998).
"Article 119 A people's court shall conduct the following work on a case that it decides to hold a hearing:
(1) The president or the presiding judge shall designate the presiding judge and determine the members of the collegial panel for cases tried by ordinary procedures; Cases that are tried by summary procedure should be tried by a single judge appointed by the president;
(2) A copy of the indictment of the people's procuratorate shall be served on the parties ten days before the court session at the latest;
(3) For the defendant who has not entrusted a defender, inform him that he can entrust a defender; For those who meet the provisions of the second and third paragraphs of Article 34 of the Criminal Procedure Law, lawyers who undertake the obligation of legal aid shall be appointed to defend them; For those who conform to the provisions of the first paragraph of Article 34 of the Criminal Procedure Law and Article 37 of this Interpretation, lawyers who undertake legal aid obligations shall generally be appointed to defend them;
(4) Notify the defendant and defender to provide the identity and address of testifying in court five days before the court session, the list of witnesses and experts clearly defined by the Communication Office, the list of witnesses and experts who do not testify in court, and the copies and photos of the evidence read and produced in court;
(5) Notify the people's procuratorate of the time and place of the court session three days before the court session;
(6) Summons and notices for summoning parties and informing defenders, legal representatives, witnesses, expert witnesses, producers and translators of inspection records shall be delivered at least three days before the court session;
(7) For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session.
When the people's court notifies the witness or defender provided by the public prosecution agency, if the witness refuses to testify in court or fails to notify the witness according to the provided mailing address of the witness, it shall promptly inform the public prosecution agency or defender who applied for notifying the witness.
The above-mentioned work shall be recorded and signed by the judges and clerks. "
Thirdly, if you feel that Chinese semantics are unclear or difficult to master, you can refer to the rules of English:
People's Republic of China (PRC) Criminal Procedure Law provided by Oriental Law Collection (English version).
Article 15 1 After the people's court decides to hold a hearing, it shall do the following:
(1) determine the members of the collegial panel;
(2) serving a copy of the indictment of the people's procuratorate on the defendant ten days before the court session at the latest. If the defendant fails to entrust a defender, he shall be informed that he can entrust a defender, or when necessary, appoint a lawyer who undertakes the obligation of legal aid to defend him;
(3) Inform the people's procuratorate of the time and place of the court session three days before the court session;
(4) Summon the parties and notify the defenders, agents ad litem, witnesses, expert witnesses and translators, and the summons and notice shall be delivered at least three days before the court session; and
(5) The subject matter of the case, the name of the defendant, the time and place of the hearing, which was announced for public hearing three days before the hearing.
The above proceedings shall be recorded in the record and signed by the judges and the clerk. "
"Should" also means should and must, and "no later than" means at least, no later than, that is, at least three days before the court session.
According to the above regulations, after the date of hearing is determined, the summons and notice of hearing must be delivered at least three days before the hearing, that is, "at the latest". Then if you don't do the above-mentioned prescribed actions in accordance with the regulations, you can't determine the date of the trial. If the opening date of the second season of the xiaohe district Court's triad-related case is really set on June 8th, then according to the above regulations, all relevant court summons and notices must be delivered in place three days before the 8th, that is, 72 hours before the 8th, and this time must be before 24: 00 on the 4th, that is, before 0: 00 on the 5th. In other words, as long as the last time to sign the summons and notice of court session is before 23: 59: 59 on June 4 (including 23: 59: 59), the court session on June 8 is in line with legal procedures.