Article 1 The trial period of criminal public prosecution cases of first instance, criminal private prosecution cases of first instance in which the defendant is detained and criminal public prosecution and private prosecution cases of second instance shall be one month, and shall not exceed one and a half months at the latest; The trial period of incidental civil cases may be extended by two months with the approval of the president of our hospital. Under any of the circumstances stipulated in Article 126 of the Criminal Procedure Law, it may be extended for one month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government; The cases of criminal appeal and criminal protest accepted by the Supreme People's Court may be extended by one month upon the decision of the Supreme People's Court.
If the defendant is not detained in the first instance, the trial period is six months for criminal cases of private prosecution tried by ordinary procedures; If there are special circumstances that need to be extended, the test period can be extended for three months with the approval of the president of our hospital.
for criminal cases that are tried by summary procedure, the trial period is 2 days.
Article 2 The trial period for civil cases of first instance that are tried by ordinary procedures is six months; If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital. If it is really necessary to extend it, it can be extended for another three months with the approval of the people's court at the next higher level.
a civil case that is tried by summary procedure is limited to three months.
The trial period for civil cases that are tried by special procedures is 3 days; If there are special circumstances that need to be extended, it may be extended for 3 days with the approval of the president of the court, but the voter qualification case must be concluded before the election day.
the time limit for hearing the first instance cases of ship collision, * * * and average is one year; If there are special circumstances that need to be extended, it may be extended for six months with the approval of the president of our hospital.
The time limit for hearing appeals against civil judgments is three months; If there are special circumstances that need to be extended, it can be extended for three months with the approval of the president of our hospital.
the time limit for hearing an appeal against a civil judgment is 3 days.
if you apply for reconsideration of a civil judgment of fine or detention, the trial period is five days.
according to article 25 of the civil procedure law, the trial of foreign-related civil cases is not limited by the above-mentioned trial period.
the time limit for hearing civil cases involving hong kong, Macao and Taiwan shall be implemented with reference to the provisions on hearing foreign-related civil cases.
Article 3 The time limit for hearing administrative cases of first instance is three months; If there are special circumstances that need to be extended, it may be extended for three months with the approval of the Higher People's Court. If the Higher People's Court needs to extend the time limit for hearing cases of first instance, it may extend it for three months with the approval of the Supreme People's Court.
The trial period of administrative appeal cases is two months. If there are special circumstances that need to be extended, it may be extended for two months with the approval of the Higher People's Court. If the time limit for the Higher People's Court to hear cases of second instance needs to be extended, it may be extended by two months with the approval of the Supreme People's Court.
Article 4 The time limit for retrial of a criminal case in accordance with the procedure of trial supervision is three months; If it is necessary to extend the time limit, it may be extended for three months with the approval of the president of our hospital.
for civil and administrative cases that have been adjudicated for retrial, according to the different procedures applicable to retrial, the provisions on the time limit of first instance or second instance shall apply.
Article 5 An execution case shall be closed within six months from the date of filing, and a non-litigation case shall be closed within three months from the date of filing; If there are special circumstances that need to be extended, it may be extended for three months with the approval of the president of our hospital. If it is really necessary to extend it, it shall be reported to the Higher People's Court for the record.
in the case of entrusted execution, the entrusted people's court shall file a case within one month after the entrusted formalities are completed, and the entrusted people's court shall complete the execution within 3 days after receiving the entrusted execution. If the execution is not completed on schedule, a letter shall be sent to the entrusted people's court within fifteen days after the expiration of the execution period.
the penalty of confiscation of property in criminal cases should be executed immediately.
the penalty of confiscation of property in criminal cases shall be executed within three months after the judgment or ruling becomes legally effective, and shall not exceed six months at the latest.
Article 6 After receiving an indictment or an application for execution, the people's court of first instance shall accept it within seven days after filing the case if it finds that it meets the conditions for acceptance; If a private prosecution or oral complaint is received, if it is found to meet the acceptance conditions after examination, it shall be accepted within 15 days after filing the case.
the change of jurisdiction in criminal, civil and administrative cases shall be put forward within three days after receiving the case file.
the people's court of second instance shall file a case within five days after receiving the appeal (protest) materials and file materials transferred by the people's court of first instance.
the people's court of second instance shall file a case within the next day after receiving the remanded retrial decision, retrial ruling and file materials.
A case retried in accordance with the procedure of trial supervision shall be placed on file within the next day after the ruling (decision) of remanding and retrial is made.
Article 7 The organ shall transfer the case file materials to the judicial organ within three days after deciding to file a case.
Article 8 The trial period of a case shall be counted from the day after the case is filed.
The time limit for the trial of a criminal case of first instance converted from summary procedure to ordinary procedure shall be counted from the day after the decision to convert it to ordinary procedure; The time limit for the trial of a civil case of first instance, which is changed from summary procedure to ordinary procedure, shall be calculated continuously from the day after the case is filed.
Article 9 The following periods shall not be counted as the time limit for trial and execution:
(1) The period during which the defendant in a criminal case receives psychiatric appraisal;
(2) If the court decides to postpone the trial of a criminal case due to the appointment of another defender, the defense preparation time shall be counted from the date of announcing the postponement to the 1th day of the postponement;
(3) The public prosecutor thinks that supplementary investigation is needed; (c) The public prosecutor thinks that the case needs supplementary investigation, puts forward a proposal to postpone the trial, and the collegial panel agrees to postpone the trial;
(4) During the second trial of a criminal case, the time for the procuratorate to access the case file exceeds seven days;
(5) The court decides to postpone the trial because the parties, agents ad litem and defenders apply to notify new witnesses to testify in court or apply for re-appraisal or inspection of new evidence;
(6) in civil and administrative cases, during the period of announcement and appraisal;
(7) the period for hearing the jurisdictional objections of the parties and handling the jurisdictional disputes between the courts;
(8) the period during which civil, administrative and enforcement cases are audited, evaluated and verified by relevant professional institutions;
(9) the period from the suspension of litigation (trial) and execution to the resumption of litigation (trial) and execution;
(1) the period during which the execution court decides to suspend execution after the parties reach an execution settlement or provide an execution guarantee;
(11) the period during which the people's court at a higher level notifies the suspension of execution;
(12) the period of auction, sale, sealing-up and seizure of property during execution.
article 1 the date when the people's court announces the judgment, ruling or conciliation statement is served shall be based on the time when the last party arrives at the case. If it is necessary to entrust a judgment or service, the people's court that entrusts the judgment or service shall serve the judgment, ruling and conciliation statement on the entrusted people's court before the expiration of the trial period. The entrusted people's court shall serve it within seven days after receiving the power of attorney.
If the people's court pronounces a judgment, a ruling or a conciliation statement is served in any of the following circumstances, the closing time shall comply with the following provisions:
(1) If the judgment is served by lien, the closing time shall be the time when the judgment is left at the domicile of the addressee;
(2) if the announcement is served, the date of announcement shall be the closing time;
(3) if it is delivered by post, the date of delivery shall be the closing time.
(4) if it is delivered through the relevant unit, the closing time shall be the date when the parties sign for it on the delivery receipt.
III. Examination and approval of extending the trial period of a case
Article 11 In a case of criminal private prosecution, if the defendant is detained and needs to extend the trial period, he shall apply to the Higher People's Court seven days before the trial period expires; In a case of criminal private prosecution in which the defendant is not detained, if it is necessary to extend the trial period, it shall apply to the president of our hospital within ten days after the trial period expires. The defendant is not in custody.
article 12 a civil case shall be submitted to the president of the court ten days before the expiration of the trial period; If it is necessary to extend the trial period, it shall apply to the people's court at the next higher level ten days before the expiration of the trial period.
article 13 an administrative case shall be submitted to the higher people's court or the Supreme People's Court ten days before the expiration of the trial period.
Article 14 Where a people's court at a lower level applies for extending the reporting period, 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 applying for extending the trial period.
article 15 in criminal cases where the defendant, private prosecutor, plaintiff in incidental civil action and defendant appeal through the people's court of first instance, the people's court of first instance shall, within three days after the expiration of the appeal period, transfer the appeal together with the case file and evidence to the people's court of second instance. In criminal cases where the defendant, private prosecutor, plaintiff in incidental civil action and defendant directly appeal to the people's court at the next higher level, the people's court of first instance shall transfer the files and evidence to the people's court at the next higher level within three days after receiving the appeal transferred by the people's court of second instance.
article 16 in criminal cases of second instance protested by people's procuratorates, the people's court of first instance shall, within three days after the expiration of the appeal and protest, transfer the protest together with the case files and evidence to the people's court of second instance.
article 17 if a party appeals against a civil or administrative case of second instance, the people's court of first instance shall send a copy of the appeal to the other party within five days after receiving the appeal. After receiving the reply, the people's court shall serve a copy on the appellant within five days.
when the people's court accepts the civil and administrative cases protested by the people's procuratorate during the transfer period, it shall handle them by referring to the provisions of the preceding paragraph.
article 18 if the people's court of second instance finds that the materials of the appeal case are incomplete, it shall notify the people's court of first instance within two days. The people's court of first instance shall make it up within five days after receiving the notice from the people's court of second instance.
article 19 the people's court at a lower level shall, after receiving the notice of the people's court at a higher level to transfer the files, transfer all the files and evidence within five days, not later than ten days.