Is there pre-trial mediation in criminal cases? A criminal case is a case in which the procuratorate files a public prosecution with the criminal court of the people's court, and there is no pre-trial mediation procedure. If civil compensation is attached to a criminal case, mediation can be conducted on the civil compensation. If mediation fails, the court will make a judgment. In criminal incidental civil litigation, the judge will usually ask you whether you both agree to mediation at the court session, and mediation will not be conducted before the court session. This is not the same as a civil case. After all, it is crime-oriented Whether to mediate, whether to reach a mediation agreement and whether to perform it is the reference for the defendant to sentence.
Legal objectivity:
Precautions for Pre-trial Meetings in Criminal Cases Paragraph 2 of Article 182 of the Criminal Procedure Law stipulates: "Before the trial, the judges 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 their opinions." The fourth paragraph stipulates: "The above activities shall be recorded in the record and signed by the judges and clerks." These two * * * isomorphic forms a pre-trial meeting procedure with China characteristics, which marks the formal establishment of pre-trial meeting in criminal proceedings in China. As a new system, the pre-trial meeting system is stipulated in the first section of the first instance procedure in Chapter II of the new Criminal Procedure Law, which is specifically stipulated in the second paragraph of Article 182 of the Criminal Procedure Law of People's Republic of China (PRC): before the trial, the judges can call the public prosecutor, the parties, the defenders and the agents ad litem to know the situation and listen to their opinions on issues related to the trial, such as withdrawal, the list of witnesses appearing in court and the exclusion of illegal evidence. In my opinion, the significance of this provision is to ensure the smooth progress of trial activities, because it stipulates that after the people's court decides to hold a trial, the purpose is to solve the problems related to the trial before setting the specific date of the trial. Article 183 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC) stipulates the circumstances in which a judge may convene a pre-trial meeting: (1) The parties, their defenders and litigation agents apply for the exclusion of illegal evidence; (two) there are many evidence materials, and the case is significant and complicated; (3) Having a significant social impact; (4) Other circumstances that require a pre-trial meeting. It also stipulates that a pre-trial meeting can be held and the defendant can be notified to attend according to the circumstances of the case. Article 184 of the Interpretation stipulates the scope that a judge can know the specific situation and listen to the opinions of both the prosecution and the defense at the pre-trial meeting: (1) Whether there is any objection to the jurisdiction of the case; (two) whether to apply for the withdrawal of relevant personnel; (3) Whether to apply 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; (four) whether to provide new evidence; (five) whether there is any objection to the list of witnesses, experts and personnel with specialized knowledge; (six) whether to apply for the exclusion of illegal evidence; (seven) whether the application is not heard in public; (8) Other issues related to the trial. The trial judge may ask the prosecution and the defense whether they have any objection to the evidence materials, and the evidence with objection should be the focus of investigation in the trial; If there is no objection, the evidence and cross-examination at the trial can be simplified. Adjoining civil litigation can provide mediation. According to Articles 431st and 432nd of the Criminal Procedure Rules of the People's Procuratorate (for Trial Implementation), in the pre-trial meeting, the public prosecutor can raise and exchange opinions on issues related to the trial, such as the jurisdiction of the case, withdrawal, witness list, expert witnesses, innocent evidence provided by people with special knowledge and defenders, exclusion of illegal evidence, closed-door trial, postponement of trial, application of summary procedure and trial scheme. And understand the evidence collected by the defender. If there is any objection to the evidence collected by the defender, it shall be raised. By attending the pre-trial meeting, the public prosecutor can understand the facts and evidence of the case, as well as the disputes and different opinions on the application of the law, solve the relevant procedural problems, and prepare for the trial. When the parties, defenders and agents ad litem put forward in the pre-trial meeting that the evidence was obtained illegally, and the people's court thinks that there may be cases of collecting evidence by illegal means, the people's procuratorate may prove the legality of the collection of the evidence. Only those who need investigation and verification can be tried. What preparations and details should defense lawyers make after understanding the relevant laws and judicial interpretations of pre-trial meetings? Through the practice of handling cases, I think we should make preparations from the following aspects: First, grasp the time of pre-trial meetings. According to the provisions of the Criminal Procedure Law, the court decided to serve the indictment on the defendant and the defender after the hearing, but the time of the pre-trial meeting was not clear before the specific hearing. When the defense lawyer receives the indictment, he will begin to make preparations. At the same time, the law only stipulates that judges can hold pre-trial meetings. It can be seen that even if there is no court session, it will not affect the trial of the court. In order to save judicial resources and avoid a series of situations that affect the smooth trial, such as the exclusion of illegal evidence, it is best for defense lawyers to make written suggestions within a suitable time. Second, grasp the content of the problems to be solved in the pre-trial meeting. The pre-trial meeting is set up to solve the problems related to the trial, and the defense lawyers have to pass it.