According to related websites, Du Xinzhi, Yao Ce's mother, was seriously ill in hospital recently. This really makes people who want the trial result a little chilling, and even some netizens are anxious. Will this cause Xu Min to mention that the prosecution has been delayed?
According to the provisions of Article 146 of the Civil Procedure Law, if the defendant needs to be informed in writing because of illness, he may apply to the court for an adjournment of the trial and an adjournment of the court session.
This may be Du Xinzhi's "delaying tactics", because the longer the time, the better for Du Xinzhi, and she can make full preparations.
This will also make Xu Min and her criminal defense lawyers look helpless. Because Du Xinzhi is hospitalized, it is reasonable to apply for an extension of the trial.
As for when the extension can't be established, it depends on when Du Xinzhi will fix it. It may be 2- 3 years. As long as the hospital outpatient department can give her a confirmation that she is not suitable to appear in court, she can definitely not attend court.
No one expected that Du Xinzhi would come to this trick. It was strange for her neighbors to hear that she was hospitalized, saying that they saw Du Xinzhi buying jeans in the sales market the day before.
Therefore, whether it is a "real disease or a preventive measure" is only Du Xinzhi's own grasp. Generally speaking, Du Xinzhi is omnipotent, and there is nothing she can't do.
Can the court try in absentia?
According to the requirements of Article 144 of the Civil Procedure Law, the defendant was summoned orally by court summons. Why is he told in writing that he refuses to appear in court or leaves the court halfway without the permission of the court, so he can be tried in absentia?
Therefore, the court can judge by default, and there are standards. It must be that the defendant did not attend the trial in writing, or it was an idealized trial in absentia.
In this case, in addition to Du Xinzhi, Guo Xikuan is also the defendant. If Du Xinzhi does not apply for an extension, Guo Xikuan can attend.
But according to everyone's understanding of this family, this way will never be chosen, because it is in their best interest to postpone.
For the question of whether there is a limitation of prosecution that netizens care about, let's take a look at how the civil code of our country stipulates it.
Article 188 of the Civil Code stipulates that the limitation of action for requesting the people's court to safeguard civil rights is three years. Where relevant laws and regulations provide otherwise, such provisions shall prevail.
If Du Xinzhi has been ill for three years, the case of Xu Min v. Huaihe Hospital must be overdue.
At that time, it is likely that Xu Min and criminal defense lawyers will be forced to hold a trial in Huaihe Hospital before hearing the cases of Du Xinzhi and Guo Xikuan.
This will put Xu Min in a dilemma. Because the two cases are closely related, if the case against Huaihe Hospital is transferred, the problem will return to the starting point. Whether the court will not compensate the cases of Xu Min and Du Xinzhi is a complete question.
Speaking of the effective period of prosecution, naturally Xu Min and criminal defense lawyers can also apply for an effective extension. The probability of court approval is very high, but in addition, it also strengthens many extension factors.
On the one hand, I am anxious to find out the specific situation, and on the other hand, I am unable to go to court, which is simply miserable.
I have to agree that Du Xinzhi and Guo Xikuan must be great gods, and Xu Min and two powerful criminal defense lawyers may not be able to "fix" them.
Xu Min and her criminal defense lawyer should be fully prepared for this "action"
In fact, apart from being able to investigate whether Du Xinzhi's hospitalization is true, Xu Min and criminal defense lawyers have no other stronger methods for the time being.
If Du Xinzhi is really seriously ill in hospital and applies for an adjournment, Xu Min can only wait, wait for Du Xinzhi to be hospitalized, or wait for Du Xinzhi's life to end.
It is unlikely that Xu Min and Xing Shi's defense lawyers will hold court sessions in advance in order to get better compensation from Huaihe Hospital. Because their ultimate goal is not money, they just expect to go to court with Du Xinzhi and Guo Xikuan to find out the specific situation.