Suspension of trial refers to the activity that the people's court decides to temporarily suspend the trial of a case after accepting the case and before making a judgment, when certain circumstances make it impossible to continue the trial within a certain period of time, and then resume the trial after the relevant circumstances disappear.
According to the Supreme People's Court on implementation
1. The private prosecutor or defendant suffers from mental illness or other serious diseases. A ruling shall be made to suspend the trial.
2. The defendant escaped after the prosecution, which made the trial of the case unable to continue for a long time. A ruling shall be made to suspend the trial.
3. During the trial of a private prosecution case, if the defendant's whereabouts are unknown, it shall be decided to suspend the trial.
4. During the trial, it was found that summary procedure was not applicable. It shall decide to suspend the trial and try it again in accordance with the ordinary procedure of first instance for public prosecution cases or private prosecution cases.
(1) The defendant's behavior in a public prosecution case does not constitute a crime.
(2) The defendant in a public prosecution case should be sentenced to more than three years' imprisonment.
(3) The defendant in a public prosecution case recants his confession in court and denies the criminal facts alleged in the indictment.
(4) The facts are unclear or the evidence is insufficient.
(five) other summary procedures should not or should not be applied according to law.
5. If the trial cannot be continued due to other irresistible reasons, the trial may be suspended.
According to Article 200 of the Criminal Procedure Law
In the course of the trial, if one of the following circumstances makes it impossible to continue the trial for a long time, the trial may be suspended:
(1) The defendant is seriously ill and cannot appear in court;
(2) The defendant escaped;
(3) The private prosecutor is unable to appear in court due to serious illness, and has not entrusted an agent ad litem to appear in court;
(4) Due to irresistible reasons.
After the reasons for suspending the trial disappear, the trial shall be resumed. The time limit for suspending the trial is not counted in the trial time limit.
2 Civil Procedure Clause Editor
According to the provisions of Article 150 of the Civil Procedure Law of People's Republic of China (PRC), in any of the following circumstances, the lawsuit shall be suspended:
(a) one of the parties dies and needs to wait for the heir to indicate whether to participate in the proceedings;
(2) One party has lost the capacity for litigation and has not yet determined his legal representative;
(3) The legal person or other organization as a party terminates, and the successor of rights and obligations has not been determined;
(4) One party is unable to participate in the litigation due to irresistible reasons;
(five) the case must be based on the trial result of another case, and the other case has not yet been concluded;
(6) Other circumstances in which litigation should be suspended.
After the reasons for suspending the lawsuit are eliminated, the lawsuit will be resumed.
3. Editing of procedural terms
The facts confirmed in the effective judgment document of the people's court or the ruling document of the arbitration institution can be used as the basis for finalizing the case. However, if it is found that there are major problems with the facts identified in the written judgment or ruling, the lawsuit shall be suspended and resumed after being corrected by legal procedures.
In the course of litigation, in any of the following circumstances, the litigation shall be suspended:
( 1)
When the plaintiff dies, he must wait for his close relatives to indicate whether to participate in the lawsuit;
(2)
The plaintiff has lost his capacity for litigation and has not yet determined his legal representative;
(3)
The administrative organ, legal person or other organization as a party terminates, and the successor of rights and obligations has not yet been determined;
(four) one party is unable to participate in the proceedings due to force majeure;
(5)
The case involves the application of law and needs to be submitted to the competent authority for explanation or confirmation;
(6)
The trial of a case must be based on the trial results of relevant civil, criminal or other administrative cases, and the relevant cases have not yet been concluded;
(7)
Other circumstances in which the lawsuit should be suspended. After the reasons for suspending the lawsuit are eliminated, the lawsuit will be resumed.
Postponement of trial: refers to a litigation system in which the people's court can't conduct the trial as scheduled for some legal reasons after determining the trial date or during the trial, or the trial that has already started can't continue. 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.
Postponement of civil litigation refers to the system that the people's court cannot hold or continue to hold a court session on schedule after the court session, thus delaying the trial.
Article 146 of the Civil Procedure Law The trial may be postponed under any of the following circumstances:
(a) the parties who must appear in court and other participants in the proceedings have justified reasons for not appearing in court;
(2) The party concerned temporarily applies for withdrawal;
(3) It is necessary to notify new witnesses to appear in court, obtain new evidence, re-authenticate, conduct an inquest or make supplementary investigations;
(4) Other circumstances that should be postponed.
2 Criminal Procedure Editor
According to Article 198 of the Criminal Procedure Law, 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-identify or conduct an inquest;
2. Procurators find that public prosecution cases need supplementary investigation and make suggestions;
3. Unable to conduct a trial due to the application for withdrawal.
According to the criminal procedure rules of the people's procuratorate
Article 455
In case of any of the following circumstances during the court hearing, the public prosecutor may suggest that the court postpone the trial:
(1) If it is found that the facts are unclear, the evidence is insufficient, or the accomplice or suspect is omitted, it is necessary to make supplementary investigation or provide supplementary evidence;
(2) The defendant needs supplementary investigation and verification to expose other people's criminal acts or provide important clues;
(3) If it is found that the accomplice is guilty or the criminal suspect is omitted, it is necessary to supplement, add or change the prosecution, although it is not necessary to supplement the investigation and provide supplementary evidence;
(four) apply to the people's court to notify witnesses and expert witnesses to testify in court or people with specialized knowledge to express their opinions in court;
(five) the need to obtain new evidence, re identification or inspection;
(6) The public prosecutor needs to give the defendant and the defender necessary time to prepare their defense when presenting and reading evidence other than that transferred to the people's court before the court session, or supplementing or changing the prosecution;
(seven) the defendant and defender produce evidence related to conviction and sentencing that the public prosecutor does not have, which needs to be investigated and verified;
(8) The public prosecutor needs to investigate and verify the legality of evidence collection.
Before the people's court opens a court session, if one of the above circumstances is found, the people's procuratorate may suggest that the people's court postpone the trial.
Article 456
After the court announces the postponement of the trial, the people's procuratorate shall request the people's court to resume the trial or withdraw the prosecution within the supplementary investigation period.
During the trial, the number of times the public prosecutor suggested postponing the trial shall not exceed two times, and each time shall not exceed one month.