After the reasons for suspending the lawsuit are eliminated, the lawsuit will be resumed.
According to the Civil Procedure Law of People's Republic of China (PRC)
Article 150 In any of the following circumstances, the lawsuit shall be suspended:
(a) one of the parties dies and needs to wait for the heir to indicate whether to participate in the proceedings;
(2) One party has lost the capacity for litigation and has not yet determined his legal representative;
(3) The legal person or other organization as a party terminates, and the successor of rights and obligations has not been determined;
(4) One party is unable to participate in the litigation due to irresistible reasons;
(five) the case must be based on the trial result of another case, and the other case has not yet been concluded;
(6) Other circumstances in which litigation should be suspended.
After the reasons for suspending the lawsuit are eliminated, the lawsuit will be resumed.
Criminal Procedure Law of the People's Republic of China
Article 206 In the course of a trial, if the trial cannot be continued for a long time under any of the following circumstances, the trial may be suspended:
(1) The defendant is seriously ill and cannot appear in court;
(2) The defendant escaped;
(3) The private prosecutor is unable to appear in court due to serious illness, and has not entrusted an agent ad litem to appear in court;
(4) Due to irresistible reasons.
After the reasons for suspending the trial disappear, the trial shall be resumed. The time limit for suspending the trial is not counted in the trial time limit.
Second, criminal cases are postponed.
Postponement of trial means that when there are circumstances that affect the trial, the court decides to postpone the trial and then hold a trial after the reasons that affect the trial disappear. According to the provisions of the Criminal Procedure Law, there are three cases of postponing the trial:
1. It is necessary to notify new witnesses to appear in court, obtain new material evidence, re-identify or conduct an inquest;
2. Procurators find that public prosecution cases need supplementary investigation and make suggestions;
3. The trial cannot be conducted because the parties apply for withdrawal. According to the Supreme People's Court's explanation, if the defender refuses to defend the defendant in court, the defendant refuses to defend him in court, and the defendant requests to entrust another defender or ask the people's court to appoint another defense lawyer, and the collegial panel agrees, the trial shall also be postponed.
In addition, if the people's procuratorate needs to give the defendant and defender the necessary time to prepare their defense, the collegial panel should also decide to postpone the trial of A's so-called change and additional prosecution, which means that according to the provisions of the Supreme People's Procuratorate's Rules, before the people's court pronounced a sentence, the people's procuratorate found that the true identity or criminal facts of the defendant did not match the identity described in the indictment or the alleged criminal facts, and could request a change of prosecution; If the missing joint criminal suspect or crime can be prosecuted and tried together, additional prosecution may be required.
The Supreme People's Court's explanation also stipulates that if the people's court discovers new facts during the trial, which may affect the conviction, it shall suggest the people's procuratorate to supplement the prosecution or change the prosecution. The date for postponing the hearing may be decided by the court or otherwise. If it is determined in court, the time for the next court session shall be publicly announced. If it cannot be determined in court, it may be determined separately, and the public prosecutor, the parties and other participants in the proceedings shall be notified.
Third, the difference between postponing the trial and suspending the trial.
(a) the scope of application is different.
Suspension of trial can occur at any stage of litigation, from the beginning of litigation to the making of judgment, while postponement of trial can only be applied to the trial stage.
(2) Application effect.
The suspension of the trial will lead to the suspension of the proceedings in this case, and all litigation activities of the court, the parties and other participants in this case shall be stopped; The postponement of the trial only postponed the trial date of this case, and related litigation activities did not stop, such as notifying witnesses to appear in court.
(3) Resume the trial.
The legal situation of suspending the trial comes from outside the lawsuit, and it is usually difficult for the court to decide when to resume the lawsuit; However, the statutory circumstances for postponing the trial come from litigation, and the date for resuming the trial is usually determined by the people's court.
(4) The legal situation is different.
The postponement of the trial applies to: the parties who must appear in court and other participants in the proceedings do not appear in court for justified reasons; The temporary withdrawal of the parties; Need to notify new witnesses to appear in court, obtain new evidence, re-identify, conduct an inquest, or need supplementary investigation; Other circumstances that need to be postponed.
The above knowledge is my answer to the question of suspending the trial. The suspension of trial in civil cases and criminal cases is different. After two cases are suspended, the court may reopen the trial after the suspension disappears.