A few days ago, the Supreme People's Court issued the Rules for Pre-trial Meetings of People's Courts in Handling Criminal Cases (Trial), the Rules for Excluding Illegal Evidence in Handling Criminal Cases by People's Courts (Trial) and the Rules for Investigation of the Court of First Instance in Handling Criminal Cases by People's Courts (Trial) (hereinafter referred to as the "three rules"), starting from 20 18 1.
Promoting the trial-centered reform of the criminal procedure system is a major reform arrangement made by the Fourth Plenary Session of the 18th CPC Central Committee, and it is a realistic need to adhere to strict justice and guarantee criminal justice.
The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security and the Ministry of Justice have successively issued the Opinions on Promoting the Reform of the Criminal Procedure System Centered on Trial and the Provisions on Several Issues Concerning the Strict Exclusion of Illegal Evidence in Handling Criminal Cases, and put forward the overall plan for reforming and perfecting the criminal procedure system. In order to ensure the effectiveness of the central reform requirements, optimize and improve the trial, especially the trial procedure, the Supreme People's Court formulated "three rules" to deepen the substantive reform of the trial on the basis of the "Implementation Opinions on Comprehensively Promoting the Reform of the Criminal Procedure System with Trial as the Center", further clarifying and refining the basic rules of key links and key issues such as pre-trial meetings, the exclusion of illegal evidence, and court investigation. It is helpful to solve the problems of illusory trial, difficulty in excluding illegal evidence, and no doubt.
The "three rules" are rich in content and cover a wide range, which will have a far-reaching impact on criminal trials.
In the process of drafting the "Three Rules", the Supreme People's Court adhered to the existing legal provisions, problem-oriented and goal-oriented, conscientiously summed up the traditional trial experience around the spirit and requirements of the central reform, fully absorbed the achievements of previous reforms, and paid attention to the innovation of ideas and systems. The pre-trial meeting stipulates that the requirements of the central reform document on improving the pre-trial meeting procedures should be implemented to ensure the centralized and continuous trial of the court and improve the quality and efficiency of the trial. The Rules define pre-trial meetings as trial preparation procedures. In the pre-trial meeting, the people's court can handle procedural matters that may lead to the interruption of the trial according to law, organize the prosecution and the defense to present evidence, summarize the focus of disputes between the prosecution and the defense, and conduct incidental civil mediation, but it cannot handle substantive issues such as conviction and sentencing. It should be emphasized that the function of the pre-trial meeting is to clear the obstacles and lay a good foundation for the smooth progress of the trial. The trial cannot be weakened by the pre-trial meeting, and it cannot be replaced by the pre-trial meeting. The exclusionary rule of illegal evidence is an important measure to strengthen the judicial protection of human rights, prevent unjust, false and misjudged cases and safeguard judicial justice in the new period, and plays an important role in promoting the reform of criminal procedure system centered on trial. This provision refines the central reform document, focuses on solving the difficulties of starting, proving, identifying and excluding illegal evidence, further clarifies the specific rules and procedures for people's courts to examine and exclude illegal evidence, standardizes the pre-trial procedures and the procedures for handling disputes over the legality of evidence in court trials, and provides more clear guidance for judicial practice. The rules of court trial investigation are the key to promote the substantive reform of court trial. On the basis of summing up the traditional trial experience, the basic principles of trial investigation are evidence judgment, procedural fairness, centralized trial and protection of the right to appeal, the trial interrogation and questioning procedures are standardized, the system of witnesses and experts appearing in court to testify is implemented, and the rules of proof, cross-examination and authentication of all kinds of evidence are improved to ensure that litigation evidence is presented in court, case facts are determined in court, defense opinions are published in court, and judgment results are formed in court.
In order to fully test the feasibility and operability of the "three rules", the Supreme People's Court has carried out pilot work in the 18 Intermediate People's Court and some grass-roots courts within its jurisdiction since June 438+07, 1965. During the period, he held symposiums on the work of pilot courts in Huzhou, Zhejiang and Guangzhou, Guangdong, and went to Songyuan, Jilin, Taizhou, Zhejiang and Huangshi, Hubei to listen to opinions and solicit opinions from some experts and scholars, and then revised and improved them many times. The Supreme People's Court asked the national courts to organize and study seriously, try out the "three rules" seriously, build a more refined, standardized and substantive criminal trial system, and promote the reform of the trial-centered criminal procedure system to achieve results.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 52 A criminal suspect or defendant in custody, his legal representative or his near relatives have the right to apply for bail pending trial.
Article 53 When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.
Other provisions on bail pending trial.
Article 56 A criminal suspect or defendant who has been released on bail pending trial shall abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(2) Being present in time when being arraigned;
(three) shall not interfere with the testimony of witnesses in any form;
(four) shall not destroy or forge evidence or collusion.