What are the legal provisions in the Criminal Procedure Law to extend the trial period?
Article 202 of the Criminal Procedure Law When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, but not more than three months at the latest. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 156 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval. 1. Article 156 If the investigation of the following cases cannot be completed within the time limit stipulated in Article 154 of this Law, it may be extended for two months with the approval or decision of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government: (1) Major and complicated cases in remote areas with very inconvenient transportation; (2) Major criminal group cases; (3) Major and complicated cases of escaping crime; (four) major and complex cases involving a wide range and difficult to obtain evidence. Second, the period not included in the trial period (not exceeding three months in total) Article 174 of the Interpretation of the Criminal Procedure Law stipulates: "During the trial period, the time for psychiatric appraisal of the defendant is not included in the trial period." Article 9 of "Several Provisions of the Supreme People's Court on Strictly Implementing the System of Time Limit for Trial" stipulates: "The following periods are not included in the time limit for trial execution:" (1) The period during which the defendant accepts the mental appraisal in a criminal case; (2) for a criminal case decided to postpone the trial because of entrusting another defender, from the date of postponing the trial to the tenth day of preparing the defense; (3) The time limit for the collegial panel to agree to postpone the trial after the public prosecutor finds that the case needs supplementary investigation and puts forward suggestions for postponing the trial? (5) Where the parties, agents ad litem and defenders apply to notify new witnesses to appear in court, obtain new evidence, apply for re-appraisal or inspection, and the court decides to postpone the trial within one month, many cases we handle are told by the court that we cannot make a judgment within the trial period because of the complexity of the case, so we are advised to apply to the court for a one-month postponement on the grounds of "investigating new evidence". It often takes ten days, or even months, to make a psychiatric appraisal for the defendant, entrust another defender, and review the prosecution's proposal to postpone the trial. Therefore, it is conservatively estimated that the cumulative time required for various cases that are not included in the trial time limit can reach more than three months. In China, there is a certain legal extension mechanism for the parties with inconvenient transportation, complicated related crimes and mental illness. According to this situation, the relevant judicial departments in China will extend the processing and trial time accordingly.