What preparations are there before the trial?
1. Determine the members of the collegial panel;
2. Send the retrial decision and a copy of the indictment to the procuratorate at the same level, and inform them to review the case files and prepare to appear in court;
3. Send a copy of the retrial decision or protest to the defendant (appellant in the original trial) at least thirty days before the hearing, and inform him or her that he or she can entrust a defender or a lawyer with legal aid obligations in accordance with the law to act as a defender;
4. Inform the defender to check the case file, and prepare to appear in court 15 days before the trial at the latest, and for major difficult cases 60 days before the trial;
5. Notify the procuratorate of the time and place of the trial 7 days before the trial;
6. Summon the parties and notify the defender, litigation agent, witnesses, appraisers and translators. Summons and notices should be served seven days before the hearing;
7. For cases that are to be heard publicly, the cause of the case, the name of the defendant (original appellant), the time and location of the hearing should be announced in advance seven days before the hearing.
The people's court shall notify the procuratorate, parties or defenders thirty days before the hearing to review and copy the new evidence catalogue, copies and photos submitted by both parties. The People's Court shall notify both the prosecution and the defense 15 days before the hearing to review and copy the new evidence catalogue, copies of new evidence, photos and other evidence acquired by the People's Court. After the prosecution and defense receive the retrial decision or protest, the People's Court may submit new evidence before the court session.
After the people's court decides to retrial or accepts a protest, if the defendant in the original trial (the appellant in the original trial) is serving his sentence, the people's court shall detain the defendant in custody based on the retrial decision or protest letter, the return of a retrial ticket, and other documents; If the person (the appellant in the original trial) is in custody and may be acquitted in the retrial, and the People's Court decides to suspend the execution of the original ruling, he can be released on bail pending trial; the defendant in the original trial (the appellant in the original trial) is not in custody, and compulsory measures must be taken in compliance with legal provisions. compulsory measures. After the people's court decides to suspend the execution of the original ruling, it shall take compulsory measures in accordance with the law.