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 new witnesses 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 objectivity:
Postponement of trial refers to the system in which the people's court notifies the parties and other participants in the proceedings to announce the date of the trial, or sets a new date for the trial due to legal reasons. Postponement of the trial can only occur at the trial stage, and the litigation acts that have been implemented before the postponement of the trial are still valid for the postponement of the trial. However, the extended time is not counted in the probation period. After the people's court holds a hearing, the trial shall generally continue. However, 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; 2, prosecutors found that the case of public prosecution needs supplementary investigation, put forward suggestions; 3, the parties apply for withdrawal and unable to hear. After the reasons for postponing the trial disappear, the collegial panel shall hold another hearing. With regard to the time limit for the procedure of first instance, the Criminal Procedure Law stipulates that when a people's court accepts a case of public prosecution, it shall conclude the case within 1 month, and no later than 1.5 months. Under any of the circumstances specified in Article 126 of the Criminal Procedure Law, it may be extended by 1 month with the approval or decision of the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government. When a people's court changes its jurisdiction, the trial period shall be counted from the date when the changed people's court receives the case. The people's court may recalculate the trial period after the case returned by the people's procuratorate for supplementary investigation is transferred to the people's court after the supplementary investigation is completed. The time for postponing the trial due to the application of the parties or defenders to notify new witnesses to appear in court and obtain new evidence shall not exceed one month, and the time for postponing the trial shall not be included in the trial period.