The difference between a stay of trial and a termination of trial

A termination of a trial is different from a stay of a trial. two. The main differences are:

(1) The reasons are different. The trial is terminated due to circumstances during which the trial should not or does not need to be continued, or the trial cannot be continued due to force majeure circumstances;

(2) Legal consequences vary. After the trial is terminated, the litigation is terminated and will not be resumed, but the suspension of the trial only suspends the litigation activities. The trial shall resume once the reasons for the suspension have disappeared.

Suspension of a case trial means that the people's court decides to temporarily suspend the trial of the case after accepting the case but before making a judgment, and then resume the trial after the relevant circumstances disappear.

How long will the trial be suspended?

If the statute of limitations is suspended and force majeure has not taken effect in the last six months of the statute of limitations, suspension of trial means that after accepting the case and before making a judgment, the people's court decides to temporarily suspend the trial of the case until the relevant circumstances disappear. After that, the trial activities will be resumed.

I hope the above content can help you. If in doubt, please consult a professional attorney.

Legal basis:

Article 297 of the Criminal Procedure Law

If the defendant dies, the people's court shall rule to terminate the trial, but there is evidence to prove that the defendant is innocent , if the people's court confirms the innocence of the defendant through absentee trial, it shall make a judgment in accordance with the law.

If the defendant dies in a case that is retried by the People's Court in accordance with trial supervision procedures, the People's Court may try the case in absentia and make a judgment in accordance with the law.

Article 301

If during the trial, the fugitive criminal suspect or defendant surrenders or is captured, the people's court shall terminate the trial.

If there is indeed a mistake in confiscating the property of a criminal suspect or defendant, it shall be returned and compensated.