Postponement of trial means that the court decides to postpone the trial when it encounters some legal circumstances that can affect the trial. Circumstances of postponing the trial according to the provisions of the Criminal Procedure Law: 1. It is necessary to notify new witnesses to appear in court, obtain new material evidence, re-evaluate or conduct an inquest; 2, prosecutors found that the case of public prosecution needs supplementary investigation, put forward suggestions; 3, because the parties apply for withdrawal and unable to hear. Judicial interpretation stipulates that the trial shall be postponed: 1. 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 trial. (Supreme Court interprets Article 165) 2. If the defender refuses to continue to defend the defendant in court according to relevant regulations, the collegial panel shall allow it. If the defendant requests to entrust another defender, the collegial panel shall announce the postponement of the hearing, and the defendant shall entrust another defender or the people's court to appoint another defense lawyer for him.
Legal objectivity:
Postponement of trial refers to the system in which the people's court notifies the parties and other participants in the proceedings to announce the date of the trial, or sets a new date for the trial due to legal reasons. 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. After the people's court holds a hearing, the trial shall generally continue. However, 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-evaluate or conduct an inquest; 2, prosecutors found that the case of public prosecution needs supplementary investigation, put forward suggestions; 3, the parties apply for withdrawal and unable to hear. After the reasons for postponing the trial disappear, the collegial panel shall hold another hearing. With regard to the time limit for the procedure of first instance, the Criminal Procedure Law stipulates that when a people's court accepts a case of public prosecution, it shall conclude the case within 1 month, and no later than 1.5 months. Under any of the circumstances specified in Article 126 of the Criminal Procedure Law, it may be extended by 1 month with the approval or decision of the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government. When a people's court changes its jurisdiction, the trial period shall be counted from the date when the changed people's court receives the case. The people's court may recalculate the trial period after the case returned by the people's procuratorate for supplementary investigation is transferred to the people's court after the supplementary investigation is completed. The time for postponing the trial due to the application of the parties or defenders to notify new witnesses to appear in court and obtain new evidence shall not exceed one month, and the time for postponing the trial shall not be included in the trial period.