The trial can be postponed. In the case of unclear criminal facts or insufficient evidence, the judicial organ has the right to postpone the hearing. In addition, for other criminal facts, it is necessary to investigate and collect evidence before the trial can be pronounced.
The conditions for hearing include:
1, the time when the case has been put on file and meets the requirements of the trial procedure;
2. The parties have appeared in court at the time and place specified in the notice of hearing, or have entrusted an agent to appear in court in accordance with regulations;
3. The court has the necessary conditions for holding a court session, including court space, equipment, evidence materials and judges.
The trial information is as follows:
1. Announcement of court session: Before the court session, the court will issue an announcement of court session to inform the parties and litigants to attend the court session, and the announcement will generally be published at the court gate, website or newspaper;
2. Time and place of hearing: the court will specify the time and place of hearing in the announcement of hearing, and the parties and participants in the proceedings need to appear in court at the specified time and place;
3. Trial procedure: The trial procedure includes appearance in court, hearing, giving evidence, cross-examination, debate, appraisal and closing the case.
4. Trial record: The court will record the trial process, including statements, cross-examination, debates and comments of the parties and participants in the proceedings, and the contents of the record shall be true, accurate and complete;
5. Trial results: After the trial, the court will make a judgment or ruling based on the trial records and relevant evidence as the final result of the case;
6. Participants in the trial: Participants in the trial include plaintiff, defendant, lawyer, witness, expert witness, translator, etc.
7. Trial features: the trial is open, fair, independent, professional and serious.
To sum up, the trial is that the judge calls the parties and participants in the proceedings to court in accordance with the provisions of the proceedings, and listens to the statements, cross-examination, debate and appraisal of both parties in court to determine the facts and evidence of the case and finally make a judgment or ruling.
Legal basis:
Article 187th of the Criminal Procedure Law of People's Republic of China (PRC)
After the people's court decides to hold a hearing, it shall determine the members of the collegial panel and serve a copy of the indictment of the people's procuratorate on the defendant and his defender ten days before the hearing.
Before the trial, the judge may convene the public prosecutor, the parties, the defenders and the agents ad litem to understand the issues related to the trial, such as withdrawal, the list of witnesses appearing in court, and the exclusion of illegal evidence, and listen to opinions.
After the people's court determines the date of the hearing, it shall notify the people's procuratorate of the time and place of the hearing, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the trial. For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session.
The above activities shall be recorded in the record and signed by the judges and the clerk.