Legal basis:
Article 187 of the Criminal Procedure Law: After the people's court decides to hold a court session, it shall determine the members of the collegial panel and serve a copy of the indictment of the people's procuratorate on the defendant and his defender at the latest ten days before the court session.
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.
Extended data:
The Measures on Carrying out the Pilot Work of Full Coverage of Lawyers' Defense in Criminal Cases requires full coverage of lawyers' defense in criminal cases.
Specifically, it includes the following contents: if the defendant has the defense situation that should be informed as stipulated in Articles 34 and 267 of the Criminal Procedure Law, the people's court shall notify the legal aid institution to appoint a lawyer to defend him;
In addition, in other cases of first instance and second instance and cases tried in accordance with trial supervision procedures, if the defendant fails to entrust a defender, the people's court shall also notify the legal aid institution to appoint a lawyer to defend him.
This will expand the scope of notice defense to all cases of first instance, second instance and cases tried in court according to trial supervision procedures; At the same time, if the defendant does not have a defender in a case tried by summary procedure or expedited procedure, the people's court shall notify the lawyer on duty stationed by the legal aid institution to provide him with legal aid;
Before the lawyer appointed by the legal aid institution or the lawyer entrusted by the defendant provides defense for the defendant, the defendant and his close relatives may make a request for legal help, and the people's court shall notify the lawyer on duty stationed by the legal aid institution to provide legal help.
In order to ensure the full coverage of lawyers' defense in criminal cases, the Measures clearly stipulate that if the people's court of second instance finds that the people's court of first instance has not fulfilled its obligation to inform and defend, resulting in the defendant having no lawyer to defend during the trial, it shall make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for retrial.
Strengthening the protection of lawyers' resources requires the overall allocation of lawyers' resources and encourages and supports lawyers to carry out criminal defense business. Establish a multi-level funding guarantee mechanism to ensure that the level of funding guarantee meets the needs of the pilot work of full coverage of lawyer defense in criminal cases.
The "Measures" require the protection of defense lawyers' right to practice in accordance with the law, provide convenience for defense lawyers to perform their duties, and emphasize the protection of lawyers' right to know, read papers, investigate and collect evidence, apply to testify in court, and respect lawyers' defense opinions.
The Measures put forward specific requirements for the quality of lawyers' defense, stipulating that defense lawyers should adhere to the facts as the basis, take the law as the criterion, perform their duties as defense agents in good faith according to law, be diligent and conscientious, abide by laws and regulations, practice standards and court discipline, constantly improve the quality and work level of defense, earnestly safeguard the legitimate rights and interests of the parties, and promote judicial justice.
The "Measures" stipulate that eight provinces (municipalities directly under the Central Government) such as Beijing, Shanghai, Zhejiang, Anhui, Henan, Guangdong, Sichuan and Shaanxi will carry out pilot projects of full coverage of lawyers' criminal defense. The pilot provinces (municipalities directly under the Central Government) can carry out pilot work in the whole province (municipality directly under the Central Government) or select some areas to carry out pilot work. The pilot period is one year.
References:
People's Network-Measures to Carry out the Pilot Work of Full Coverage of Lawyers' Defense in Criminal Cases