According to the law of our country, except that the defendant is a minor, all criminal cases will not be notified to the defendant's family before the trial, but to the defendant and his defender three days before the trial. Therefore, there are two ways for the defendant's family to know the specific date of the criminal case: one is to contact the court without entrusting a lawyer; Second, if a lawyer is entrusted, then the family members can know the specific date of the trial from the lawyer.
Trial process of criminal cases
1, announce the court session, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for withdrawal.
2. Court investigation: the indictment is read, the defendant and the victim express their opinions on the alleged facts, ask the defendant, and examine and verify the evidence.
3. Court debate: the public prosecutor speaks, the victim and his agent ad litem speak, the defendant defends himself, the defender defends, and the prosecution and the defense argue.
4. The defendant's final defense and final statement of the alleged crime.
In fact, in different types of litigation, the processes involved are different. General criminal cases will be heard in the first instance, but may be heard in writing after the second instance.
Pre-trial preparation of criminal cases;
1. Call relevant personnel to listen to opinions before the trial.
2. A pre-trial meeting may be held.
(1) The parties, their defenders and agents ad litem apply for the exclusion of illegal evidence;
(two) there are many evidence materials, and the case is significant and complicated;
(three) the social impact is greater;
(4) Other circumstances that require a pre-trial meeting.
Note: If a pre-trial meeting is held, the defendant may be notified to attend according to the circumstances of the case.
3, held a pre-trial meeting to understand the content.
(1) Objection to the jurisdiction of the case;
(2) Applying for withdrawal of relevant personnel;
(3) applying for obtaining the evidence materials collected by public security organs and people's procuratorates in the process of investigation, examination and prosecution that are not transferred with the case to prove the defendant's innocence or light crime;
(4) provide new evidence;
(five) whether there is any objection to the list of witnesses, experts and people with specialized knowledge;
(6) Apply for the exclusion of illegal evidence;
(seven) the application is not heard in public;
(8) Other issues related to the trial.
4. Procedure of Pre-trial Conference
(1) Determine the presiding judge and members of the collegial panel;
(2) A copy of the indictment shall be delivered to the defendant and defender before the opening of the court session 10;
(three) five days before the hearing, notify the parties and their legal representatives, defenders and agents ad litem to provide the list of witnesses and experts and evidence; To apply for a witness, an expert witness or a person with specialized knowledge to appear in court, the name, gender, age, occupation, address and contact information of the relevant personnel shall be listed;
(4) Notify the people's procuratorate of the time and place of the court session three days before the court session;
(5) The summons for summoning the parties and the notice for informing the defenders, agents ad litem, legal representatives, witnesses and expert witnesses to appear in court shall be served three days before the court session; Notify relevant personnel to appear in court, or confirm the other party's receipt by telephone, SMS, fax, email, etc.
(6) 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 three days before the court session.
Legal basis:
Code of Criminal Procedure of People's Republic of China (PRC);
Article 187 After the people's court decides to hold a hearing, it shall determine the members of the collegial panel and serve a copy of the indictment of the people's procuratorate to the defendant and his defender ten days before the hearing.
Before the trial, the judge may convene the public prosecutor, the parties, the defenders and the agents ad litem to understand the issues related to the trial, such as withdrawal, the list of witnesses appearing in court, and the exclusion of illegal evidence, and listen to opinions.
After the people's court determines the date of the hearing, it shall notify the people's procuratorate of the time and place of the hearing, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the trial. 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.