First, the difference between criminal pre-trial meeting and court session
Pre-trial meeting is a kind of meeting in which the judge can convene the public prosecutor, the parties, the defender and the agent ad litem before the court session, and get to know the situation and listen to opinions on the issues related to the trial, such as withdrawal, the list of witnesses appearing in court and the exclusion of illegal evidence.
Trial is the core stage of court trial procedure. The trial procedure can be divided into three basic stages: pre-trial preparation, trial (that is, trial in court) and effective judgment execution. The result of the trial is a judgment (that is, a judgment or ruling), and the judgment made by the court becomes an effective judgment after meeting the effective conditions, and the effective judgment enters the execution procedure.
Second, what are the provisions of the pre-trial meeting procedure of criminal cases?
The Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC)
Article 183 A judge may convene a pre-trial meeting under any of the following circumstances:
(a) the parties and their defenders or agents ad litem 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.
If a pre-trial meeting is held, the defendant may be notified to attend according to the circumstances of the case.
Article 184 When a pre-trial meeting is held, a judge may ask both the prosecution and the defense about the following questions and listen to their opinions:
(a) 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 judge may ask the prosecution and the defense whether they have any objections to the evidence materials, and the evidence with objections should be investigated emphatically in the trial; If there is no objection, the evidence and cross-examination at the trial can be simplified.
If the victim or his legal representative or close relatives file an incidental civil action, mediation may be conducted.
The pre-trial meeting shall make written records.
Third, the specific steps of the trial.
First of all, the clerk finds out whether the parties and other participants in the proceedings appear in court and announces the court discipline;
Secondly, the presiding judge announces the hearing, checks the parties, announces the cause of action, announces the list of judges and clerks, informs the parties of their litigation rights and obligations, and asks whether the parties apply for withdrawal;
Third, conduct a court investigation. The court investigation is conducted in the following order: statements by the parties; Inform witnesses of their rights and obligations, witness to testify in court, and read out the testimony of witnesses who did not appear in court. Produce documentary evidence, physical evidence, audio-visual materials and electronic data; Read out the appraisal opinions; Read the interrogation record. At the same time, with the permission of the court, the parties may ask questions to witnesses, expert witnesses and inspectors.
Fourth, conduct court debates. The court debate is conducted in the following order: the plaintiff and his agent ad litem speak; Defendant and his agent ad litem reply; The third person and his agent ad litem speak or reply; Debate with each other. After the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party.
Fifth, comments and sentences. After the court debate or the defendant's final statement, the judge enters the appraisal room for deliberation and makes a judgment.
The above is the relevant legal knowledge about the difference between criminal pre-trial meeting and trial. To sum up, there are many differences between pre-trial meetings and court sessions, one is before the court session and the other is during the court session.