I would like to point out that, in my opinion, the term ‘preparatory meeting’ does not express the real purpose of this procedural act, since its primary function – under the new rules – is no longer to prepare the trial, but to simplify the entire procedure. It should be remembered that, in the course of this procedural act, the court warns the accused, first and foremost, of the possibility of making a confession and waiving his right to a trial.2 Moreover, the law also supports this primary (simplifying) function by the rule that if the court accepts this confession, which also covers guilt, once it has established that it is lawful, it no longer examines the merits of the charge or the question of guilt.

The secondary (traditional) function of the preparatory meetings is indeed to prepare the negotiation, but this only takes place when

As the preparatory hearings can involve very weighty decisions, they must be attended by the prosecutor and the accused, and cannot be held in the absence of a defence lawyer if the proceedings are also attended by a defence lawyer.4 It should be noted that it is very rare for the defence counsel to be able to make comments at this stage of the proceedings which could undermine the legality or the merits of the prosecution case.5 The accused cannot waive his right to be present in advance, and if he does not appear at the preparatory hearing, the court is obliged to make arrangements to ensure his appearance (e.g. by telephone, by summons, or even by issuing an arrest warrant).6 In addition, the court is obliged to arrange for a lawyer to be present, inter alia, if it considers it necessary because of the importance of the incriminating statement in relation to the admission of guilt and the waiver of evidence.

As regards the role and procedural possibilities of the defence, under the Criminal Code, the preparatory meeting must be held within 1-3 months of the filing of the indictment, and the defence must receive the complete case file at least one month before the indictment. This may, however, mean that the defence has only 60 days to prepare for the preparatory meeting, at which time he or she may have to present evidence. It should be borne in mind that the basic function of preparatory meetings is to allow the accused and the defence to express their views on the charge before the trial and to help shape the further course of the criminal proceedings.7 The rule that, if the defender so requests within three working days of receipt of the indictment, the court shall set the date of the preparatory hearing for a date later than one month from the date of service of the indictment, provided that the defender did not participate in the investigation or proves that he was unable to acquaint himself with the case file through no fault of his own, is therefore of principle importance for ensuring “equality of arms”.8 It should be remembered that the defence lawyer, whether authorised or appointed, must subsequently advise the defendant on the admission or denial of the facts, which may have a fundamental impact on the determination of criminal liability or on the sanction. 9