[Direct answer]The pretrial conference is an important juncture before the trial, during which the judge convenes the prosecution and the defense to resolve procedural matters. The defense lawyer's role in this process mainly manifests in four aspects: applying to exclude illegal evidence, putting forward opinions on the scope of evidence presentation and the way of presenting evidence, handling procedural objections such as jurisdiction avoidance, and assisting the judge in summarizing the disputed points of the trial. By resolving procedural issues before the trial, the formal trial can be more focused, and the defendant's legitimate rights and interests can be better protected, thereby gaining the initiative in substantive defense.

I. Problem Background and Typical Scenarios

For cases with a large amount of evidence and highly complex circumstances, the people's court may decide to hold a pretrial conference. Cases involving multiple defendants in joint crimes and cases of duty-related and economic crimes with a large number of evidence are common applications of this procedure. Many litigants and their families hear about this procedure for the first time and mistakenly believe it's just a formality. In fact, it determines the direction of the trial: if the application for excluding illegal evidence is raised and accepted before the trial, the relevant evidence will not be introduced in the courtroom; if the scope of evidence presentation is defined before the trial, both the prosecution and the defense can avoid being caught off guard during the trial; and if procedural objections are handled before the trial, the trial time can be focused on disputes over facts and sentencing. Typical scenarios include: the defendant reports that they were subjected to fatigue interrogation during the investigation, and the family doesn't know when to raise objections to be taken seriously; there are dozens of evidence volumes, and the family worries that one court session won't be enough to review all the evidence; the defense lawyer hopes to fix the procedural results before entering the courtroom. All of these require lawyers to accurately grasp the function of the pretrial conference. The development of procedural rules has also made pretrial conferences increasingly important. The evidence adjudication and the reform of trial-centered justice require that disputes be resolved as much as possible before the trial, so courts tend to hold pretrial conferences routinely. For litigants, this means that a well-prepared pretrial conference can directly change the offensive and defensive posture of the trial, making it worth investing corresponding preparations in.

II. Key points of dispute

First, the timing of applications for the exclusion of illegal evidence. According to current procedural rules, applications for the exclusion of illegal evidence should be submitted before the trial. If there are legitimate reasons, they can also be submitted during the trial. However, if the application is submitted before the trial, the court may first verify and handle it. If the application is not submitted before the trial and is submitted during the trial without providing a reasonable explanation, the applicant may face unfavorable review results. Second, the effectiveness of agreements reached during pre-trial conferences. Agreements reached between the prosecution and defense on procedural matters during pre-trial conferences should not be disputed again during the trial. Therefore, every statement made during the conference should be fully substantiated and cannot be compromised on the spot. Third, the presentation of evidence and methods of proof. How to efficiently present voluminous case files during the trial? The prosecution and defense can negotiate the methods of proof before the trial. If lawyers are not familiar with this mechanism, the right of the client to cross-examine witnesses may be easily restricted. Fourth, the connection between procedural defense and substantive defense. The outcomes of procedural issues resolved during pre-trial conferences should be transformed into favorable conditions for substantive defense during the trial, which tests lawyers' overall design ability of the evidence system of the entire case. Another easily overlooked point is the scheduling of trials and the pace of evidence presentation. In cases involving multiple defendants, the defense attorneys' opinions on the methods of evidence presentation may differ. The arrangements reached during pre-trial conferences are binding on each defendant. Lawyers should reach a strategic consensus with their clients before the conference to avoid conflicting statements with the clients' wishes during the trial.

III. Professional analysis by Hengluo Lawyers

The value of procedural defense is equally prominent in the pretrial phase, as demonstrated by a case we handled. Can family members seek to change the coercive measures through legal procedures after being arrested for intentional injury? The most pressing concern for families is the remedy channel after approval of the arrest warrant. On July 13, 2024, A* was criminally detained by the Daxing Branch of the Beijing Municipal Public Security Bureau on suspicion of intentional injury; on July 26, 2024, A* was legally approved for arrest and detained in the Daxing District Detention Center. Upon learning the news, A*'s family members were extremely anxious and sought help from multiple sources. From criminal detention to approval of the arrest warrant, and ultimately securing bail pending trial, the attorney repeatedly met with the client and maintained active and constructive communication with the investigative authorities and the procuratorate. After the public security authorities refused to change the coercive measures, the attorney lawfully applied to the court (procuratorate) for a review of the necessity of detention. The particularity of this case lies in the fact that the application was made far beyond the golden 37-day rescue period and during the post-arrest detention period, making it extremely challenging. After review by the procuratorate, it was determined that there was no necessity to continue detaining A*, and the coercive measures were ultimately changed to bail pending trial, allowing A* to be released from detention and regain his freedom after the arrest warrant was approved. The attorney's success in the review of the necessity of detention after the arrest warrant demonstrates the value of professional dedication and effective communication. This case was handled by Attorney Lu Xiaoxue of Beijing Henglu Law Firm (practice certificate number: 11101202311685747, subject to the document issued by the judicial administrative authority). Such procedural outcomes are consistent with the logic of pretrial conferences: lawyers familiar with procedural rules can identify key points for protecting clients' legitimate rights at each stage, with pretrial conferences serving as a concentrated manifestation of this capability in the trial phase. Returning to pretrial conferences themselves, lawyers also need to verify procedural facts with clients before the meeting, such as the time and location of interrogations, the signing of transcripts, and medical examination records. These details serve as clues for applications to exclude illegal evidence. The client's scattered recollections must be organized by lawyers into written materials that meet the application requirements. This organizing process typically takes place one to two weeks before the conference, with urgent cases prioritized based on the disputed facts.

IV. Practical suggestions and legal basis

The legal basis for this is the provisions of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) regarding pretrial conferences, the exclusion of illegal evidence, and trial procedures. The Criminal Law of the People's Republic of China (amended and implemented on March 1, 2021) addresses the charges and sentencing standards required for substantive defense during trials. Lawyers' pretrial preparation work should cover four aspects: First, review all case files before the conference to form an evidence system map and clarify which evidence to apply for exclusion and which to apply for verification outside the courtroom; Second, draft an application for the exclusion of illegal evidence and related clues, attaching procedural information such as the time and location of the interrogation, the personnel involved, and the physical examination records; Third, communicate with the presiding judge and prosecutor about the method of presenting evidence and the scope of evidence display, striving for arrangements conducive to cross-examination; Fourth, prepare a trial plan, translating the results of the pretrial conference into cross-examination outlines and defense speech frameworks one by one. Hengluo Law Firm'sCriminal defense and criminal case filing servicesThe defense covers the entire process from investigation to trial, and pre-trial conferences are a standard procedure in this process. For cases with a large volume of evidence, it is recommended to complete two rounds of reviewing the evidence before the conference. The first round is to establish the overall framework of the case, and the second round is to conduct a detailed reading of the disputed facts. Between the two rounds, there should be time to organize the evidence list. Lawyers who only read the evidence once before attending the conference often find it difficult to respond to detailed questions raised during the conference.

5. Henglu Law Firm's Reminder

The value of pre-trial conferences is often underestimated, but they often determine the success or failure of the trial. Three reminders: First, applications for the exclusion of illegal evidence should be made early. Once the family members learn that the defendant's physical and mental conditions were abnormal during the interrogation, they should immediately inform the lawyer to fix the clues, rather than waiting until the trial to raise them. Second, pre-trial conferences are not second-instance trials. Every statement made by the lawyer must be based on the review of the case file. The family members should require the lawyer to report the pre-trial plan before the meeting and the list of achievements after the meeting. Third, the procedural results must be reflected in the trial. The evidence excluded and the disputed points identified must ultimately be transformed into cross-examination and defense opinions. Otherwise, the procedural actions will be futile. Criminal defense is a multi-stage relay race, and pre-trial conferences are just one of the stages. Choosing a lawyer who is familiar with the rules of each stage is much more important than placing bets on a single link. There are also specific requirements for the cooperation of family members: Do not contact witnesses to verify and collect evidence on your own before the meeting, and do not disclose case information to the outside world before the results of the meeting are implemented. These details may affect the progress of the procedure. Concentrating communication on one channel of the lawyer is the most reliable way of cooperation in the pre-trial stage. 庭前会议的价值容易被低估，但它往往是庭审成败的分水岭。三点提醒：一是非法证据排除的申请要早，家属一旦了解到当事人在讯问期间的身体、精神状况异常，应当立即告知律师固定线索，不要等到开庭才提；二是庭前会议不是二审，律师的每项表态都要有阅卷依据，家属应当要求律师在会前汇报会议预案、会后汇报成果清单；三是程序成果要落到庭审上，排除掉的证据、划定的争点最终要转化为质证与辩护意见，否则程序动作就成了空转。刑事辩护是一场多节点的接力，庭前会议只是其中一棒，选一位熟悉每个节点规则的律师，比在单个环节押注重要得多。家属的配合也有讲究：会议前不要自行联系证人核实取证情况，会议成果未落实前不要对外披露案件信息，这些细节都可能影响程序进展；把沟通集中到律师一个渠道，是庭前阶段最稳妥的协作方式。

VI. Frequently Asked Questions

Q1: Can I apply to exclude illegal evidence during the pre-trial conference?

Yes, this is one of the most important functions of the pretrial conference. If the defense attorney has doubts about the legality of investigative activities such as interrogations, they can submit an application for excluding illegal evidence before the pretrial conference, stating the personnel, time, location, and methods involved in the suspected illegal evidence collection, and attaching supporting materials. If the court, after review, finds that there are doubts, it may first verify them and decide to exclude the evidence from the trial. It is better to apply for exclusion as early as possible. If the application is not submitted before the trial, the defense attorney will need to provide new reasons during the trial, and the review standards will be stricter. According to the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), excluding illegal evidence is a statutory procedural right, and lawyers should make full use of it. If the application is rejected, it does not mean that all procedural remedies have been exhausted. The court may require the defense attorney to provide additional supporting materials, and the defense attorney can still submit the application again after obtaining new evidence.

Q2: What preparations should defense attorneys make before attending pre-trial conferences?

All four preparations are indispensable. First, review the case file, read all the documents and organize the evidence list, marking the evidence that is intended to be excluded or retrieved; Second, draft legal documents. The application for the exclusion of illegal evidence and the letter of procedural objection should be finalized before the meeting; Third, communicate with the defendant to verify the facts such as the interrogation process and the physical examination records, ensuring that the statements made at the meeting are based on solid evidence; Fourth, confirm with the presiding judge the agenda, participants, and time arrangements of the meeting to avoid missing any procedural matters. Lawyers who are well-prepared can advance the agenda item by item at the meeting, while those who are poorly prepared are easily led by the prosecution's pace, resulting in vastly different outcomes of the meeting. In addition to legal documents, it is also necessary to check whether the details of the client's statements are consistent with the application reasons. Conflicting statements will make the application less convincing.

Q3: Can the matters agreed upon in the pre-trial conference be overturned during the trial?

In principle, it cannot be overturned at will. If the prosecution and the defense reach an agreement on matters such as recusal, the list of witnesses to be heard, and the exclusion of illegal evidence during the pre-trial conference, they shall abide by it in the trial, unless new facts and reasons arise, such as the discovery of evidence-gathering violations after the conference or the inclusion of new evidence materials in the case file. Due to this legal effect rule, every statement made by lawyers at the conference must be based on their conclusions after reviewing the case file. For matters where the evidence system has not been verified yet, it is better to say that they will express their opinions in the trial rather than agree hastily. Family members attending the conference to listen to the lawyer's pre-trial plan and checking the list of results after the conference are the most direct way to control this risk. For matters that really need to be reserved for disputes, they can apply for the recording on file at the conference to leave room for cross-examination in the trial.

Q4: When is the pre-trial conference held for cases with more evidence?

Pre-trial conferences are generally convened by the trial personnel before the trial begins, and are more likely to be applied in cases with a large number of evidence materials, major and complex cases, or cases involving multiple defendants. In terms of timing, they are usually scheduled after the court accepts the case and completes pre-trial preparations, and several days or weeks before the formal trial. The specific time will be determined by the presiding judge and notified to both the prosecution and the defense. Defense lawyers can actively suggest holding pre-trial conferences when submitting defense materials, indicating that there are procedural matters in the case that need to be addressed first. Relatives should not urge for a time, but cooperate with lawyers to complete the review of the case file and document preparation before the conference. Once the schedule of the conference is determined, the degree of preparation will determine the upper limit of the results. After the schedule is determined, lawyers should promptly inform the parties of the conference plan. The parties' awareness of and cooperation with the procedural arrangements will equally affect the quality of the conference. If the court does not arrange a pre-trial conference, lawyers can also request it in writing. Whether to convene it will be decided by the court, but the request itself can prompt the court to pay attention to procedural issues.

Q5: How can defense attorneys make preparations in advance during the stage prior to the pre-trial hearing?

The entire pre-trial process is guided by a strategic plan. During the investigation phase, the focus is on meeting with clients and applying for bail pending trial. The review of the necessity of detention remains the statutory channel for changing coercive measures after the approval of arrest; during the review of the prosecution phase, the emphasis is on reviewing case files, submitting defense opinions, and negotiating guilty pleas and sentencing agreements. Disputes over the amount of the fine and the circumstances of the crime should be resolved at this stage. After entering the trial phase, pretrial conferences, cross-examinations in court, and defense statements constitute three key procedures. Actions in each phase become bargaining chips for the next phase. For example, the fixed objections to the amount of the fine during the review of the prosecution phase serve as the draft for the cross-examination outline in court. A case we handled involving a review of the necessity of detention after arrest achieved bail results precisely because of this comprehensive planning. There are no isolated battles between procedural milestones. Another meaning of planning is to leave a clear record. Applications, opinions, and responses in each phase should be archived to form a complete chain of case progress, making it easy to review and understand at a glance.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit.Criminal defense legal services·Attorney Lu Xiaoxue·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.