The preparatory work before the trial includes:
1. Determine the members of the collegial panel;
2. Send a copy of the retrial decision and the indictment to the procuratorate at the same level, and inform them to consult the case file and prepare for court appearance;
3. within 3 days before the trial, serve a copy of the retrial decision and protest to the defendant (appellant) in the original trial, informing him that he can entrust a defender or entrust a lawyer with legal aid obligation as a defender according to law;
4.
5. Inform the defender to consult the case file and prepare for court appearance, not later than 15 days before the court session, and not later than 6 days before the court session for major and difficult cases;
5. notify the procuratorate of the time and place of the court session, no later than 7 days before the court session;
6. Summon the parties and notify the defendant to appear in court. Summon the parties, notify the defendants, agents ad litem, witnesses, expert witnesses and translators, and serve the subpoenas and notices at least 7 days before the court session;
7. For cases tried in public, the cause of action, the name of the defendant (the appellant in the original trial), the time and place of the trial shall be announced in advance 7 days before the trial.
the people's court shall notify the procuratorate, the parties or defenders to consult and copy the new evidence catalogue, copies and photos submitted by both parties 3 days before the court session. The people's court shall notify both the prosecution and the defense to consult and copy the new evidence catalogue, copies of new evidence, photos and other evidence obtained by the people's court 15 days before the court session. After the prosecution and the defense receive the retrial decision or protest, the people's court may submit new evidence if it notifies the date of the trial.
after the people's court decides to retry or accept the protest, if the defendant in the original trial (the appellant in the original trial) is serving his sentence, the people's court will send him back for retrial according to the retrial decision or protest decision and the notice of retrial sent back. The defendant in the original trial (the appellant in the original trial) is in custody, and the retrial may be acquitted. If the people's court decides to suspend the execution of the original ruling, it may be released on bail pending trial; The defendant in the original trial (the appellant in the original trial) is not in custody, and it is necessary to obtain evidence again. If the defendant in the original trial (the appellant in the original trial) has not been detained, it is really necessary to take compulsory measures, and the conditions for taking compulsory measures stipulated by law are met, the people's court shall decide to suspend the execution of the original ruling and take compulsory measures according to law.
There are the following types of cases to be heard in public:
1. Cases to be heard in public and cases to be heard in court. In China, except for cases involving state secrets, personal privacy, crimes committed by minors (under the age of 16) and cases otherwise stipulated by law, all cases are tried in public by the people's courts. Cases that are not tried in public are still open to the public after sentencing.
2. Cases in China are generally heard in public, that is to say, the masses can attend, but cases involving minors, state secrets and personal privacy cannot be attended by irrelevant personnel; Divorce and business secret cases, if the parties request not to be heard in public, then irrelevant personnel can't attend, that is, they can't be heard in public.
To sum up, the preparatory work before the trial includes determining the members of the collegial panel, informing the defender to consult the case file and prepare to appear in court, and informing the public prosecutor of the time and place of the trial.
Legal basis:
Article 136 of the Civil Procedure Law of the People's Republic of China
When trying a civil case, the people's court shall notify the parties and other participants in the proceedings three days before the court session. If the hearing is held in public, the names of the parties, the cause of action and the time and place of the hearing shall be announced.
article 187 after the people's court has fixed the date of the court session, it shall notify the people's procuratorate of the time and place of the court session, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. The summons and notice shall be delivered at least three days before the court session. For a case tried in public, the cause of action, the name of the defendant, the time and place of the hearing shall be announced three days before the hearing.