Knowledge points of the new criminal procedure law: service methods and procedures

1. Direct delivery

If the recipient is a legal person or other organization, the delivery should be made to the legal representative of the legal person, the main person in charge of the other organization, or the office or office of the legal person or organization. If it is delivered to the person responsible for receiving it in the office, duty room, etc., it will be deemed to have been delivered directly. When public prosecutors and judicial organs serve litigation documents, they should generally follow the principle of direct service. Summons, notices, judgments, rulings, mediation documents and other litigation documents with important legal consequences are generally served directly.

2. Service with lien

Service with lien has the same legal effect as direct service. However, the mediation letter is not applicable to the lien service, because the mediation letter must be voluntary by the parties, and the parties are deemed to be "involuntary" if they are unwilling to accept the mediation letter.

3. Service by transfer

There are only the following three situations for service by transfer:

(1) If the recipient is a soldier, he should go through the regiment level Forwarded to the political departments of the above units.

(2) If the recipient is a prisoner, it should be transferred through a prison or other execution agency.

(3) If the recipient is undergoing reeducation through labor, it should be transferred through the reeducation through labor unit.

Example 1-2-29 Regarding the calculation of periods, which of the following statements are correct?

A. The period during which the trial is suspended due to the escape of the defendant shall be counted as the trial period

B. The period during which the court examines the prosecution case shall not be counted as the trial period

C. The period during which the defendant requests the court to appoint another defense lawyer to prepare the defense shall be calculated as the trial period from the date when the collegial panel announces the adjournment to the 10th day of the adjournment.

D. The time spent adjourning the trial due to the application by the parties and defenders to obtain new evidence will not be counted in the trial period

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