Legal circumstances of postponing the trial: it is necessary to notify new witnesses to appear in court, obtain new physical evidence and re-identify/inspect; If prosecutors find that the prosecuted case needs supplementary investigation, they should make suggestions: the procuratorate should complete the supplementary investigation within 1 month; Unable to conduct a trial because of the application for withdrawal. Other postponements: Defender refuses to continue to defend the defendant in court/defendant refuses to defend him in court, defendant requests to be another defender/requests the court to appoint another defense lawyer, and if the collegial panel agrees, the trial shall be postponed. If it is necessary for the procuratorate to give the defendant/defender the necessary time to prepare his defense, the collegial panel shall announce the postponement of the trial: before the court announces the judgment, if the procuratorate finds that the true identity/criminal facts of the defendant are inconsistent with the identity/criminal facts stated in the indictment, it may require the defendant to change the prosecution; If the procuratorial organ finds that the suspects/criminal facts in the same case who missed the crime can be prosecuted and tried together, it may request additional prosecution. If the legality of the confession made by the public prosecutor Du and other defendants cannot be proved in court, it may be suggested to postpone the trial.
The legal reasons for postponing the trial are as follows:
1. It is necessary to notify new witnesses to appear in court, obtain new material evidence, re-authenticate, and conduct an inquest;
2. If the procuratorial organ finds that the public prosecution case needs supplementary investigation, it shall complete the supplementary investigation within +0 months;
3. Unable to stand trial due to application for withdrawal.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 86 If a party delays the time limit due to irresistible reasons or other legitimate reasons, he may apply for an extension within 10 days after the obstacle is removed, and whether to grant it or not shall be decided by the people's court.
Article 149 A case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.
Article 161 When a people's court tries a case by summary procedure, it shall conclude the case within three months from the date of filing the case.