How to treat the evidence in criminal pretrial conference
Scope of presenting evidence
First of all, the evidence that can be displayed at the pre-trial meeting should be the evidence that both the prosecution and the defense decided to present in court. Evidence that both the prosecution and the defense have mastered but decided not to present in court does not need to be presented in the pre-trial meeting. What needs to be noted here is that there is another kind of evidence in judicial practice, that is, incidental evidence. Whether they need to be put forward in court is a type to be determined-it depends on whether the other party objects to the qualification of evidence. For such evidence, once the prosecution and the defense decide to solve the qualification problem of the evidence in the pre-trial meeting, it is deemed that they have decided to present it in court and should be allowed to present it in the pre-trial meeting.
For example, article 13, paragraph 1 stipulates that if the defendant and his defenders apply for the exclusion of illegal evidence before the trial and provide relevant clues or materials according to law, the people's procuratorate shall explain the legality of collecting evidence by presenting relevant evidence materials at the pre-trial meeting. Secondly, the evidence that the prosecution and the defense decided to present in court includes two types, one is the evidence that the prosecution and the defense have transferred or submitted to the people's court with the case before the pre-trial meeting, and the other is the evidence that the prosecution and the defense have collected before the pre-trial meeting but have not been transferred or submitted to the people's court with the case, including circumstantial evidence about the qualification of evidence.
The way of presenting evidence
Extended data
The way to display evidence varies according to whether the evidence to be displayed has been transferred or submitted to the people's court in advance. For evidence that has been transferred with the case or submitted to the people's court before the pre-trial meeting, the people's court will generally notify both the prosecution and the defense to read it when the pre-trial meeting is held. Therefore, the person presiding over the pre-trial meeting can organize evidence display in the following ways: trial: defender, do you have any objection to the evidence of the public prosecution agency? Debate:? Trial: Prosecutor, do you have any objection to the defender's evidence? Man:? If the defender and the prosecutor have no objection to the evidence of the other party, the evidence display is over. If the defender or the prosecutor has any objection to the evidence of the other party, the presiding officer of the pre-trial meeting may continue to organize evidence display by referring to the following ways:
Trial: Defender/prosecutor, what evidence do you disagree with the prosecutor/defender? Any objections? At this time, we should pay attention to two aspects: first, if the defender and the prosecutor have objections to the other party's evidence, the person presiding over the pre-trial meeting should ask the defender/prosecutor to explain the disputed evidence names one by one; Secondly, the person presiding over the pre-trial meeting should preside over and guide the defender/prosecutor to refine the content of the objection, and should make clear the detailed elements of the examination and certification of disputed evidence, instead of ending the objection generally on the legal, authenticity/objectivity and other evidence attributes of the evidence. For example, when the objection expressed by the defender/prosecutor is "objection to the legality of evidence", the person presiding over the pre-trial meeting should continue to guide the defender/prosecutor to refine the direction of objection.
In this way, until the defender/prosecutor is guided to tell the detailed elements related to the legality of the evidence, such as searching without a search warrant, threatening to collect evidence in the case of XXX relatives, etc. ; When the objection expressed by the defender/prosecutor is "objection to the authenticity of the evidence", the person presiding over the pre-trial meeting should continue to guide the defender/prosecutor to refine the objection. "Defender/prosecutor, do you mean the authenticity of the form or the authenticity of the content?" When necessary, the authenticity of the form and the authenticity of the content shall be stated. After answering, the defender/prosecutor will continue to guide the defender/prosecutor to tell the detailed elements related to the authenticity of the evidence form or the authenticity of the content by guiding the refinement of the legality objection.
Evidence that has not been transferred or submitted to the people's court with the case before the pre-trial meeting shall be applied by both the prosecution and the defense when the pre-trial meeting is held. The person presiding over the pre-trial meeting shall first ask the parties applying for the pre-trial meeting to explain the name, source, matters to be proved and main contents of the evidence to be presented. When necessary, the relevant evidence materials should be handed over to the other party for reading, and a reasonable reading time should be set aside. Then, according to the way of presiding over the presentation of evidence that has been transferred or submitted to the people's court with the case before the pre-trial meeting, the prosecution and the defense are organized to complete the presentation of evidence.
Limitation of producing evidence
Pre-trial meeting is a kind of pre-trial preparation procedure, which serves for the centralized and continuous trial of the court. The trial function of the court cannot be weakened or replaced by holding a pre-trial meeting. With regard to evidence presentation, the person presiding over the pre-trial meeting should record the evidence that the prosecution and the defense have no objection in the evidence presentation, but it cannot be authenticated in the pre-trial meeting. Only when the court investigates can it be read out in court and confirmed by both the prosecution and the defense. For the evidence that both the prosecution and the defense have objections in the process of presenting evidence, the relative party should be allowed to explain the objections, and for the objection to the qualification of evidence, the relevant parties should be allowed to produce evidence materials related to refuting the objections.
After that, the person presiding over the pre-trial meeting should also listen to the opinions of the party who disagrees with the evidence and ask whether there is any objection to the disputed evidence. If there is no objection, the person who presided over the pre-trial meeting shall be recorded in the minutes of the pre-trial meeting, but it cannot be authenticated in the pre-trial meeting. Only when the court investigates can it be read out in court and confirmed by both the prosecution and the defense. If the interested parties still have objections, the evidence of the pre-trial meeting so far will be displayed, and the relevant information will be recorded in the minutes of the pre-trial meeting, and the relevant issues will be fully cross-examined during the court investigation. Neither expert conclusion can be made at the pre-trial meeting, nor can investigators, experts or people with special knowledge be invited to testify at the pre-trial meeting.
Consequences of excluding illegal evidence in pre-trial meeting.
The results of the examination of illegal evidence at the pre-trial meeting are divided into three situations:
One is to exclude illegal evidence that can be excluded through procedural review, and the excluded illegal evidence will not be presented in court.
Second, determine the legitimacy of legal evidence, show it in court and use it as the basis for trial.
Thirdly, if you are not sure whether it is illegal evidence, summarize the disputes after the procedural review, determine the list of witnesses, investigators and appraisers who need to attend the trial to exclude illegal evidence, and determine the procedures and methods of proof. If the party who bears the burden of proof proves the legality of the evidence and cannot prove it, the judge will conduct substantive examination in court and decide whether to exclude it based on the defendant's confession in court and other evidence.
If the pre-trial meeting excludes illegal evidence, which may lead to insufficient evidence, the court shall supplement the materials after examination and accept it according to law, and decide not to accept it. Cases that hold pre-trial meetings are generally handled according to ordinary procedures, and the review time is relatively long. After the pre-trial meeting, the procuratorial organ, the defendant and their defenders can supplement the evidence materials in time according to the exclusion of evidence. Because the pre-trial meeting did not substantially hear the case, it is not appropriate to put forward suggestions or decisions to postpone the trial, that is, holding the pre-trial meeting will not affect the trial as scheduled.