Time limit for retrial of criminal cases
The time limit for retrial of criminal cases is three months, and if it is really necessary to extend it, the longest time shall not exceed six months. If a case retried by the people's court in accordance with the procedure of trial supervision is tried by the people's court that originally tried it, a collegial panel shall be formed separately.
How long is the time limit for administrative cases to apply for retrial?
1. If a party applies for a retrial, it shall do so within 2 years after the judgment or ruling becomes legally effective. If the parties provide evidence to prove that mediation violates the principle of voluntariness or the contents of the mediation agreement violate the law, they may apply for retrial within 2 years.
2. The time limit for hearing administrative cases of first instance is three months; If there are special circumstances that need to be extended, it may be extended for three months with the approval of the Higher People's Court. If the Higher People's Court needs to extend the time limit for hearing cases of first instance, it may extend it for three months with the approval of the Supreme People's Court. The time limit for hearing administrative appeal cases is two months; If there are special circumstances that need to be extended, it may be extended for two months with the approval of the Higher People's Court. If a case of second instance tried by the Higher People's Court needs to be extended, it may be extended for two months with the approval of the Supreme People's Court.
3. After receiving the indictment (form) or the application for execution, the people's court of first instance shall file a case within seven days if it considers that it meets the acceptance conditions; Upon receipt of the private prosecution or oral notification from the private prosecutor, if it is found that it meets the acceptance conditions of the private prosecution case after examination, the case shall be filed within 15 days. A criminal, civil or administrative case that changes its jurisdiction shall be filed within three days after receiving the case file. The people's court of second instance shall file a case within five days after receiving the appeal (protest) materials and file materials transferred by the people's court of first instance. A case remanded for retrial or ruled for retrial shall be placed on file within the next day after receiving the written decision of remanded for retrial or ruled for retrial and the case file materials. A case retried in accordance with the procedure of trial supervision shall be put on file the day after the verdict (decision) of the retrial is made.
Civil and administrative cases are six months, and criminal cases are two years after the execution of the penalty.
If the judge refuses to accept the effective judgment, Article 204 of the Xinmin Procedure Law clearly stipulates a six-month retrial application period. Although the new procedural law does not stipulate the time limit for applying for retrial, Article 98 stipulates: "In the trial of administrative cases by people's courts, the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC) shall apply if there are no provisions in this law." Accordingly, the time limit for administrative cases to apply for retrial should also be six months.
The new Criminal Procedure Law and its judicial interpretation do not stipulate the time limit for applying for retrial (appeal), but Article 10 of Several Opinions on Standardizing People's Courts' Retrial Filing (Trial) (Fa Fa Fa Fa Fa [2002]13) stipulates the time limit for appeal within two years after the execution of the penalty, and at the same time stipulates the exceptions for overdue applications:
(1) The defendant in the original trial may be acquitted;
(2) The defendant in the original trial filed a complaint with the people's court within the time limit stipulated in this article, and the people's court refused to accept it;
(3) Difficult, complicated and major cases.
If it does not belong to these three situations, the overdue application will not be accepted. In reality, it is not uncommon to apply for retrial after the deadline. In this way, whether it is a civil case, an administrative case or a criminal case, there are cases where the application for retrial is rejected because of overdue.
How to deal with overdue retrial after being rejected by the court?
No matter civil, administrative or criminal cases, you can apply to the procuratorial organ for retrial procuratorial suggestions or protests.
Then, after a party's overdue application for retrial is rejected by the court, can he make a retrial suggestion or protest to the procuratorial organ? In criminal cases, the parties can not only put forward retrial suggestions or protest to the procuratorate after their retrial application is rejected by the court. Because the law does not limit the time limit for the procuratorial organ to lodge a protest or retrial proposal against the effective referee, it is an important way for the procuratorial organ to find the referee's mistake by applying to the court for retrial proposal or protest, and the complaint materials are only one of the sources of the procuratorial organ's protest or procuratorial suggestion.
In terms of civil cases, Article 209 of the Xinmin Procedure Law stipulates that the parties apply to the procuratorial organs for retrial procuratorial suggestions or protests, which stipulates three preconditions: "(1) The people's court rejects the retrial application;
(two) the people's court fails to make a ruling on the retrial application within the time limit;
(3) There are obvious errors in the retrial judgment or ruling ".
This provision gives the parties the right to apply to the procuratorial organ for retrial procuratorial suggestions or protests, and at the same time, it takes applying to the court for retrial as the pre-procedure for applying to the procuratorial organ for retrial procuratorial suggestions or protests. If the overdue application for retrial is rejected by the court, which obviously conforms to the first situation, then you can apply to the procuratorial organ for retrial and protest or protest. As for administrative cases, similar to civil cases, after the overdue retrial application is rejected by the court, it can be turned to the procuratorial organ to apply for retrial procuratorial suggestions or protests.
I must actively deal with the time limit for retrial, which will have practical operational significance for safeguarding my own interests. But for the nature of the case, even if I can't meet the relevant regulations, I must solve the problem according to the relevant regulations, because this will better safeguard my own interests.
Legal basis:
Article 258 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that a case retried by the people's court in accordance with the procedure of trial supervision shall be concluded within three months from the date of making the decision on arraignment and retrial, and if the time limit needs to be extended, it shall not exceed six months.
The people's court that accepts the protest shall hear the protest case in accordance with the procedure of trial supervision, and the time limit for hearing shall apply to the provisions of the preceding paragraph; If it is necessary to instruct the lower people's court to retry, it shall make a decision within one month from the date of accepting the protest, and the time limit for the lower people's court to hear the case shall be governed by the provisions of the preceding paragraph.