Legal provisions on postponing the trial of criminal cases

Legal analysis:

What are the conditions for postponing the trial of criminal cases? There are five legal circumstances for postponing the trial: 1. It is necessary to notify a new witness to appear in court and obtain new material evidence for re-appraisal or inquest; 2, prosecutors found that the case of public prosecution needs supplementary investigation, put forward suggestions; 3, because the parties apply for withdrawal and can not be tried; 4. If the defender refuses to continue to defend the defendant in court in accordance with relevant regulations, the collegial panel shall allow it. If the defendant requests to entrust other defenders, the collegial panel shall announce an adjournment; 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 hearing. If the defendant requests the people's court to appoint another defense lawyer and the collegial panel agrees, it shall announce the postponement of the hearing; 5. If it is found that the suspect in the same case is omitted, although it is not necessary to supplement the investigation and provide evidence, but it is necessary to add or change the prosecution, the public prosecutor will propose to the court to postpone the trial. Among them, the first three cases can be postponed, and the last two cases should be postponed. Article 157 of the Criminal Procedure Law: For particularly serious and complicated cases that are 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 above is the content of postponing the trial organized by Bian Xiao according to the law, hoping to help you solve the problems you are currently facing.

Legal basis:

Article 204 of the Criminal Procedure Law In the course of a court hearing, if one 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.