Legal provisions on postponing trial

Legal analysis

In any of the following circumstances, the trial may be postponed: 1. The parties who must appear in court and other participants in the proceedings have justified reasons for not appearing in court. If the parties and other participants who must appear in court are unable to appear in court due to sudden illness and other legitimate reasons, it will be difficult to examine the evidence and find out the facts, which will affect the correct judgment of the people's court and may postpone the hearing. 2. The parties temporarily apply for withdrawal. According to the provisions of the Civil Procedure Law, the person applying for withdrawal shall suspend his participation in the case before the people's court makes a decision on withdrawal. If the person applying for withdrawal does not participate in the work of this case, the trial of the case may be postponed for a period of time. 3. If it is necessary to notify new witnesses to appear in court, obtain new evidence, re-identify, conduct an inquest or need supplementary investigation, the trial may be postponed. 4. Other circumstances that should be postponed. For example, one of the parties was detained for obstructing a civil lawsuit in the course of litigation, and the trial could not be carried out as scheduled or continued.

legal ground

Article 157 of the Criminal Procedure Law of People's Republic of China (PRC) is particularly serious and complicated. If it is not suitable for long-term trial due to special reasons, the Supreme People's Procuratorate shall report to the NPC Standing Committee for approval to postpone the trial. Article 204 In the course of a court trial, if any of the following circumstances affects the trial, the trial may be postponed: (1) It is necessary to notify new witnesses to appear in court, obtain new material evidence, re-evaluate or conduct an inquest; (two) prosecutors found that the case of public prosecution needs supplementary investigation and put forward suggestions; (3) The trial cannot be conducted due to the application for withdrawal. Article 205 The people's procuratorate shall complete the supplementary investigation of a case postponed in accordance with the provisions of the second paragraph of Article 204 of this Law within one month. The first to be verified; (8) The public prosecutor needs to investigate and verify the legality of evidence collection. If the people's court finds any of the circumstances mentioned in the preceding paragraph before hearing, the people's procuratorate may suggest that the people's court postpone the hearing.