How does the Criminal Procedure Law stipulate the postponement of trial?

The trial period of civil and criminal cases is bound by the procedural law. When the trial date of a case has been fixed or the criminal court is already in the process of trial, if the trial of the case must be postponed for some unexpected reasons, it is not for the people's court to make a decision in private. It is necessary to refer to the relevant provisions of the Criminal Procedure Law on postponing the trial. First, how to postpone the trial in the Criminal Procedure Law? After the people's court opens a court session, the trial should generally continue, but the trial can be postponed if one of the following circumstances affects the trial: Article 165 of the Criminal Procedure Law stipulates that "in the course of the court trial, if one of the following circumstances affects the trial, the trial can be postponed: it is necessary to notify new witnesses to appear in court, obtain new material evidence, re-evaluate or conduct an inquest; 2, the inspector found that the case of public prosecution needs supplementary investigation, put forward suggestions; 3. The trial cannot be conducted because the parties apply for withdrawal. " In addition, the Supreme People's Court's Interpretation on Several Issues concerning Execution also stipulates two situations: First, if the defender refuses to continue to defend the defendant in court according to relevant regulations, the collegial panel shall allow it. If the defendant requests to entrust another defender, the collegial panel shall announce the postponement of the hearing, and the defendant shall entrust another defender or the people's court to appoint another defense lawyer for him. Second, if the defendant refuses the defender to defend him in court and requests to entrust another defender, he shall agree and announce the postponement of the trial. Four situations stipulated in Article 126 of the Criminal Procedure Law: 1, major and complicated cases in remote areas with very inconvenient transportation; 2. Major criminal group cases; 3. Major and complicated escape criminal cases; 4. Major and complicated cases involving a wide range and difficulties in obtaining evidence. Second, the decision to postpone the trial the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security "Notice on Strictly Implementing the Criminal Procedure Law and Correcting and Preventing Extended Detention" stipulates in the second paragraph, "At the trial stage, the people's court shall strictly abide by the provisions of the Criminal Procedure Law on the trial period; If it is necessary to extend the trial period of 1 month, it shall be one of the circumstances stipulated in Article 126 of the Criminal Procedure Law and shall be approved or decided by the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government. " The case of criminal private prosecution of the first instance in which the defendant is not detained shall be tried by ordinary procedures for a period of 6 months; If there are special circumstances that need to be extended, it can be extended for 3 months with the approval of the president of our hospital. Third, the time limit for postponing the trial is suggested by the prosecutor, and supplementary investigation is needed. According to Article 166 of the Criminal Procedure Law, the procuratorate shall complete the supplementary investigation within 1 month. The trial time limit is recalculated after supplementary investigation. It is suggested to postpone the trial and limit the supplementary investigation to two times. Four. Approval of extending the trial period Articles 11 and 14 of the Supreme People's Court's Several Provisions on Strictly Implementing the System of Trial Period stipulate: "If it is necessary to extend the trial period in criminal public prosecution cases and private prosecution cases in which the defendant is detained, an application shall be filed with the Higher People's Court seven days before the expiration of the trial period; If it is necessary to extend the trial period for a case of criminal private prosecution in which the defendant is not detained, an application shall be made to the president of the court ten days before the expiration of the trial period. " "For the report of the lower people's court applying for extending the time limit for handling cases, the people's court at a higher level shall make a decision three days before the expiration of the trial period, and notify the people's court that proposed the extension of the trial period. If it is necessary for the president of our hospital to approve the extension of the time limit for handling cases, it shall be approved or decided by the president before the expiration of the trial period. " Under any of the circumstances specified in Article 126 of the Criminal Procedure Law, the trial period of 1 month may be extended with the approval or decision of the High Court. With the approval of the president of our hospital, the trial period of incidental civil cases can be extended by two months. To sum up, one of the criminal procedure laws stipulates three situations. For example, during the trial, prosecutors found that relevant cases need supplementary investigation, the judicial expertise conclusion is controversial and needs to be re-appraised, and the appearance of new witnesses may affect the trial result of the case. Under normal circumstances, if the trial is postponed, the supplementary investigation must be completed within one month, and the number of cases is the largest.