Conference”]”‘Pretrial Conference’ compliance with the new
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Conference”]”‘Pretrial Conference’ compliance with the new Criminal Procedure Law, can improve the efficiency of formal hearing.”Xiaoxiang Morning: Liu Zhijun case hearing only three and a half hours, the outside there are still discussions, in addition, why Beijing Legal Aid Center Choose your legal aid Qian Lie Yang: Legal Aid Center choose my reason I nike air max 95 360 uk shox sale really do not know, but I know I’m certainly not the default “actor.” I think this whole process really is not a mere formality, as myself, and asked how many points I played, I said the reality is one of that history is a point. We are engaged in the law, to be fair to both parties, worthy of reality, but also to withstand the test of history.Xiaoxiang Morning: In the “pre-trial conference,” you have done Qian Lie Yang: the end of May, there is the presence of Liu Zhijun, we Qincheng Prison opened a day of “pre-trial conference,” which put a lot of uncontested evidence to multimedia way to show himself to Liu Zhijun, the evidence got his recognition. Thus, when the formal hearing, the evidence shows very simplified process, which is more than 400 community does not understand the docket, the court investigation, evidence showing why the procedure go so fast.Xiaoxiang Morning: What case can be held “pretrial conference” Qian Lie Yang: “Pretrial Conference” Liu Zhijun case does not set a precedent for the new Code of Criminal Procedure Article 182 provides that defined the scope of the case for pre-trial conference. From January 1, 2013 started, the following four situations may hold pre-trial
conference: First, the parties or their agent ad litem for exclusion of illegal evidence; second is more evidence, the case of major complex; Third social significant impact; four pre-trial conference is the need to convene other circumstances. Liu Zhijun case should meet one of several. So Liu Zhijun case “Pretrial Conference” is a very good nike air max 1 uk cheap sale reason, there is a legal basis.Summary procedure in criminal cases and the general procedure is divided into grassroots courts have 15 years of cases, in which case all pleaded guilty to go summary, pleaded not guilty before the trial of the case will be meeting for the ordinary procedure; Intermediate Court in the case of life imprisonment or more , pleaded not guilty to leaving the ordinary procedure, you can open the “pre-trial conference.”Xiaoxiang Morning News: “Pretrial Conference” legislative intent is what Qian Lie Yang: In the hearing before the communication, some procedural and non-contentious issues can in the “pre-trial conference,” resolved, then at the hearing can be conducted on a dissenting learn some discussion, this is the true legislative intent. The supreme law for the “pre-trial conference” in its second paragraph of Article 184 of judicial interpretation there is a saying: “For both parties have recognized evidence in court when you can simplify.” Which means “Pretrial Conference” to discuss Content may not be limited to the pre-trial procedures, the physical part of the case, both parties can exchange views, to enter the substantive issues discussed.Defendant, there are two, one is
the defendant participated, one is the defendant does not attend. The defendant does not participate in, an entity generally reluctant to enter the court hearing the evidence of checking, because lawyers are not directly replace the defendant accepted evidence that doing so would thus depriving them of the right to cross-examine the accused. So, if you did not participate Liu Zhijun, I will not represent his recognition of evidence. However, he took part in, I think that under the new judicial interpretation of the Criminal Procedure Law, is part of an entity on the case, both parties to communicate.Xiaoxiang Morning: Why the legal profession have so much movement it Some lawyers also questioned How about you Qian Lie Yang: The reason why the legal profession has so much movement, because a considerable part of criminal defense lawyers not to engage in, are not aware of this year, January 1 implementation of the new Criminal Procedure Code 182 regulations and the judicial interpretation of the Supreme Section 184 of the specific provisions. About “Pretrial Conference” requirement, some people may know, but that pre-trial conference can not enter substantive issues, the problem can only enter the program, this is precisely the judicial interpretation of a cut open to allow nike air max 1 shox for sale entry into the real problem, but I was also present Liu Zhijun . Equal to the physical aspects of cross-examination at the pre-trial conference to solve a large part, this is the place everyone’s doubts.Xiaoxiang Morning: If there is no “pre-trial conference,” Liu Zhijun case of first