day before the Supreme People's Court issued the "people's court for criminal cases before the court meeting procedures (Trial)", "the people's court for the exclusion of illegal evidence in criminal cases rules (Trial)" and "the people's court for handling criminal cases of ordinary procedure of first instance court investigation procedures (Trial)" (hereinafter referred to as the "three rules"). Since January 1, 2018 in the national trial. Below is the full text of the "three rules" and the authoritative interpreters of the drafters for you to learn.
one, the supreme law " three procedures " "people's court for criminal cases pretrial conference procedures ( trial)".
for the implementation of the "Supreme People's court and the Supreme People's Procuratorate, Ministry of public security, the Ministry of state security, the Ministry of justice on to promote the reform of criminal procedure system centered on the trial of opinions", the perfection of the pretrial conference program, to ensure that the court focused continuous trial, improve the quality and efficiency of the trial, in accordance with the provisions of law, combined with judicial actually, the enactment of this regulation.
the first people's court can call for a pretrial session before the court hearing, understand the situation, listen to opinions and carry out necessary preparations for trial.In the pretrial conference of
, the people's court can deal with procedural matters that may cause trial interruption in accordance with the law, organize the prosecution and defense parties to display evidence, summarize the focus of dispute between the two sides, carry out supplementary civil mediation, but do not deal with substantive problems such as conviction, sentencing, etc.
second has more evidence materials, complicated and complicated cases, great social impact or disputes between the two sides. Therefore, the people's court can call for a pretrial session.
both parties may apply to the people's law pit about pretrial conference. The application for the pre court meeting shall explain the problems to be solved. When the people's court considers it necessary, it should be called to the pre court meeting; the reasons for not calling the prior session of the court shall be explained.
the defendant and his counsel shall apply for the exclusion of illegal evidence before the court hearing, and provide relevant clues or materials according to the law. The people's court shall call for a meeting before the session.
third pretrial meetings are hosted by the judges or other collegial panel members. According to the circumstances of the case, other members of the collegial panel can participate in the pretrial conference ..The
public prosecutor and the defender shall participate in the pre - court meeting. If the defendant applies for a pre - court meeting or applies for the exclusion of illegal evidence, the people's court shall notify the defendant to be present. If the defendant applies for excluding illegal evidence, but no defender, the people's court can notify the legal aid agency to appoint a lawyer to assist the defendant in the pretrial meeting.
the people's court shall notify the parties to the incidental civil action to be brought to the court in the case of incidental civil mediation in the pre - court meeting.
fourth pretribunal meetings are generally not conducted in public.
according to the case situation, the pre court meeting can be carried out by video conferencing.
fifth pretribunal meetings can be held many times.
people's court after the adjournment, to prepare for the hearing again . in again before the court pretrial conference.
sixth pre - tribunal meetings should be held in a court or other place to run a case. has the participation of the detained defendant, and can be held in the place of handling the case in the detention house.
the defendant in the pretrial conference, there should be court bailiff.
seventh people's court shall, based on the circumstances of the case, integrate the opinions of the two sides, and determine the main contents of the pretrial conference.
the people's court shall in the pretrial conference three days ago, the meeting time and place, and the main contents of notice of participants. The notice should be recorded in the case.
the defendant and counsel to apply the exclusion of illegal evidence before a court session, the people's court shall in the pretrial conference three days ago, the copy of the application form and the relevant materials submitted to the people's Procuratorate or clues.After the start of the eighth
pretrial conference, the judges should verify the participants' status and announce the main contents and requirements of the pretrial conference.
has a case of multiple defendants, and the judge can determine the defendant who participated in the pre - court meeting according to the case: there are many
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