Classification of pre-trial

Broad sense and narrow sense

Pre-trial in the narrow sense means that in criminal proceedings, the subject with the power of judicial review reviews the case that the prosecutor is preparing to prosecute in accordance with the law to determine whether the case is The process of meeting the conditions for prosecution, thereby deciding whether to prosecute and submitting the case to trial. In short, pretrial in a narrow sense only refers to the process of reviewing the prosecution's prosecution. It can be called "pretrial in the sense of pure judicial review." From the perspective of national legislation, it mainly refers to more serious cases. The procedure for review of a public prosecution request. Pretrial in a broad sense means that in criminal proceedings, subjects with pretrial power participate in the investigation of criminal cases in accordance with the law and review the cases that the prosecutor is preparing to prosecute to determine whether the case meets the conditions for prosecution, thereby deciding whether prosecution should be carried out and whether the case should be prosecuted. The procedure for bringing a case to trial.

In short, the broad sense of pre-trial not only includes the review of the prosecution's indictment, but also includes the participation and regulation of investigation activities by the subject of pre-trial power to a certain extent. That is to say, the broad sense of pre-trial covers In a certain sense, the investigation procedure can be called "pre-trial in the sense of investigation and judicial review." Judging from the legislation of various countries, in terms of system design, there are large differences in pre-trial procedures between the two major legal systems, showing different specific characteristics.