1. The court shall arrange the time and place to convene the procuratorial organs, defense lawyers, defendants and their defenders to attend the pre-trial meeting;
2. At the beginning of the pre-trial meeting, the court will introduce the attendees and confirm the identities of the participants, including judges, prosecutors, defense lawyers, defendants and their defenders;
3. In the pre-trial meeting, the procuratorial organ and the defense lawyer can exchange the evidence and materials prepared by themselves, so as to have a deeper understanding and discussion of the case;
4. Defense lawyers have the opportunity to put forward defense opinions and strategies and discuss them with procuratorial organs. The two sides can debate the legality of evidence and the credibility of witnesses;
5. Pre-trial meeting is an opportunity to promote negotiation and mediation between the two sides. If applicable, the court may encourage both parties to try to reach a settlement agreement at the pre-trial meeting;
6. The pre-trial meeting can also review matters involving procedural issues, such as the legality of evidence and the appearance of witnesses in court;
7. After the pre-trial meeting, the judge can negotiate with the procuratorate and the defense lawyer to determine the date of the court session.
The following materials need to be prepared for the pre-trial meeting of criminal proceedings:
1. Power of attorney of defense lawyer. If the defendant is represented by a defense lawyer, it is necessary to prepare a power of attorney for the defense lawyer to ensure the legality of the power of attorney;
2. Defendant's identity certificate. Defendant needs to carry valid identity documents, such as ID card and passport. To prove his identity;
3. Defense materials and evidence. Defense lawyers may need to prepare relevant defense materials and evidence to support their defense opinions and strategies. This may include investigation reports, witness statements, relevant legal documents, etc.
4. materials and evidence of the procuratorate. The procuratorate may need to prepare relevant indictments, evidential materials and other documents related to the case for discussion and review at the pre-trial meeting.
5. Authorization documents of the participants in the proceedings. If the litigant participant is not the defendant himself or the defense lawyer, but attends the pre-trial meeting on behalf of others, it may be necessary to provide corresponding authorization documents to prove his legal rights to represent others;
6. Other relevant materials. According to specific cases and court requirements, it may be necessary to prepare other relevant materials, such as expert appraisal reports and witness lists.
To sum up, the general process of pre-trial meetings in People's Republic of China (PRC) criminal proceedings includes holding pre-trial meetings, introducing attendees, exchanging evidence materials, discussing defense opinions and strategies, mediating and negotiating, reviewing procedural issues, and determining the date of court session.
Legal basis:
Article 187th of the Criminal Procedure Law of People's Republic of China (PRC)
After accepting an incidental civil action, the people's court shall, within five days, serve a copy of the incidental civil complaint on the defendant and his legal representative, or promptly notify the defendant and his legal representative of the contents of the oral prosecution, and make a written record.
When the people's court serves a copy of the incidental civil indictment, it shall determine the time for the defendant and his legal representative to prepare their defense according to the trial period of the criminal case.