Review of the Revision of Pretrial Conference System in Criminal Procedure:A Study of Interpretation of Criminal Procedure Law 2021
The Interpretation of Criminal Procedure Law 2021 once again amended the pretrial conference system in criminal procedure.By removing the provisions on"ordinary procedure for trying criminal cases"and"application to exclude illegal evidence,"it optimized the scope and conditions of the pretrial conference.Adjustments made to"procedural matters"and"matters that can be dealt with after the court session"reset the procedural decision-making mechanism of the pretrial conference,demonstrating discretionary and retrospective features.The deletion of the expression"sorting out issues"weakened the mechanism for sorting out issues in the pretrial conference by presenting issues of whether the prosecution and defense have objections to the evidence and whether they have reached consensus in the form.The establishment of the pretrial suggestion to withdraw prosecution based on"obvious unclear facts and insufficient evidence"is an inappropriate extension of the main function of the pretrial conference and may become a new point of conflict between the prosecution and the court.
pretrial conferencepretrial procedural adjudicationsorting out issues of pretrial dispute pointspretrial recommendation to withdraw prosecution
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