Pre-trial meeting rules

Legal analysis: the basic rules of pre-trial meeting; 1. About the beginning of the pre-trial meeting. In addition to stipulating that the people's court can decide to hold a pre-trial meeting in four types of cases, it also stipulates that both the prosecution and the defense can apply to the people's court for holding a pre-trial meeting. Of course, if both the prosecution and the defense apply for a pre-trial meeting, it will not lead to the inevitable convening of a pre-trial meeting. The people's court shall examine the applications of both the prosecution and the defense, and may hold a pre-trial meeting when necessary, but it is not necessary to hold a pre-trial meeting. However, if it is decided not to hold a pre-trial meeting, the applicant shall be informed.

2. About the way to hold the pre-trial meeting. Pre-trial meetings are generally held in private. At the same time, considering that the pre-trial meeting of some cases may only solve simple procedural problems such as avoidance, jurisdiction and closed-door trial, and the parties and defenders may be temporarily out of the local area, according to the case situation, the pre-trial meeting can be conducted by video conference. On the premise of not affecting the quality of the pre-trial meeting, the people's court can hold the pre-trial meeting flexibly, which is not only convenient for litigation, but also can improve the efficiency of litigation.

3. About the presiding officer of the pre-trial meeting. The pre-trial meeting is generally presided over by the presiding judge. At the same time, considering that there are other members of the collegial panel, and the collegial panel is responsible for the case, it is stipulated that under special circumstances, the presiding judge can not preside, and other members of the collegial panel can also preside. According to the circumstances of the case, the presiding judge may instruct the assistant judge to preside over the pre-trial meeting.

4. About the participants in the pre-trial meeting. Other members of the collegial panel may attend the pre-trial meeting; At the same time, based on the requirements of protecting the rights and interests of defendants and forming equal adversary and People's Procuratorate as "legal supervisors", prosecutors and defenders should attend pre-trial meetings.

With regard to the defendants' participation in pre-trial meetings, the following two points should be paid attention to in judicial practice: First, if more than one defendant participates in pre-trial meetings, necessary measures should be taken to prevent collusion, especially in pre-trial meetings, where the defendants' confessions are involved (including objections to pre-trial confessions and exclusion of illegal confessions), the defendants can be organized to participate in the pre-trial meetings one by one according to trial procedures; Secondly, if the defendant does not attend the pre-trial meeting, the defender should listen to the defendant's opinions on the matters handled in the pre-trial meeting and pay attention to protecting the defendant's litigation rights.

5. About the time and place of the pre-trial meeting. As a pre-trial preparation procedure, the pre-trial meeting in judicial practice is held before the formal court session, which is its proper meaning. In addition, after the people's court is adjourned, it may hold a pre-trial meeting before the court session.

Legal basis: Article 4 of the Rules for Pre-trial Meetings of People's Courts in Handling Criminal Cases focuses on summarizing and popularizing the experience and practices of the "three rules". People's courts at all levels should take the opportunity of implementing the "three rules" to improve the rate of witnesses, experts and investigators appearing in court to testify, the rate of lawyers defending and the rate of sentencing in court, and strive to promote the reform of the court trial system. To take field trips, court trials and other ways to strengthen communication between the courts, * * * to enjoy the experience, * * * to improve. It is necessary to adopt active and steady methods, strengthen positive publicity and reports, and create a good atmosphere for all parties to jointly promote reform. New situations, new problems, new experiences and new practices arising in the implementation process should be carefully summarized and reported to the Supreme People's Court in a timely manner.