Citizen Judges Act (Act on Criminal Trials with the participation of Citizen Judge (Guomin Faguan)) Article 62

Before the conclusion of the preliminary proceedings the court shall make a ruling on the admissibility of evidence upon which an investigation is conducted upon petition or on its own initiative, unless there is a need to investigate the admissibility of the evidence in the trial proceedings on the trial dates.The court shall dismiss by a ruling, before the conclusion of the preliminary proceedings, the petition for the investigation of evidence filed by a party or a defense attorney when it deems unnecessary.Where there exists one of the following circumstances a petition for the investigation of evidence shall be deemed unnecessary:1. Where the evidence cannot be investigated;2. Where the evidence is not of critical relevance to the facts to be proven;3. Where the evidence is unnecessary because the facts to be proven are clear; or4. Where the evidence has been petitioned before.The court may conduct a necessary investigation before making a ruling pursuant to the Paragraphs 1 and 2 of this article. However, the court may not order a submission of the evidence that a party petitioned for investigation unless it deems it necessary.Where after the making of a ruling pursuant to the Paragraphs 1 and 2 of this article the basic facts on which the court's ruling based on has changed so that a different ruling is called for, the court shall make a new ruling. The same shall apply to a situation where the evidence a party petitioned for investigation is subsequently found no longer necessary.With regard to evidence upon which an investigation is not conducted upon petition or on its own initiative until the trial date, the court shall make a ruling on its admissibility before conducting an investigation on it. The same shall apply to a situation where the evidence a party petitioned for investigation is found unnecessary.A piece of evidence that is ruled by a court to be inadmissible or unnecessary may not be presented or investigated upon on the trial date.No interlocutory appeal may be filed against a ruling made pursuant to Paragraphs 1, 2, 5, or 6 of this article.