There are five statutory 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 inspection;
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.
The personnel who are not allowed to participate in the audit are as follows:
1, witnesses, experts and people with expertise who are ready to appear in court to express their opinions;
2 minors who have not been approved by the people's court;
3. Persons who refuse to accept safety inspection;
4. Drunken, mentally ill or other people with abnormal mental state;
5. Other persons who may endanger court security or disturb court order. No unit or individual may organize personnel to participate in public trials that can seal criminal records according to law. Unless otherwise provided by law, no one may participate in a court hearing that is not open according to law.
To sum up, in the course of litigation, if there are unexpected circumstances that make it impossible to hold a court session, you can apply for an extension of the court session.
Legal basis:
Article 204 of the Criminal Procedure Law of People's Republic of China (PRC)
Postponement of trial In the course of court hearing, if one of the following circumstances affects the trial, the trial may be postponed:
(1) It is necessary to notify a new witness 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.