This case has been tried twice and now the judge has changed. How to calculate the trial time of a case? Does the judge have the right to return the case to the procuratorate for re-investigation?

Time limit for the trial of criminal cases of first instance: When the people's court tries a case of public prosecution, it shall pronounce a sentence within one month after accepting it, but not more than one and a half months at the latest. Under any of the circumstances specified in Article 126 of this Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government. Time limit for second instance: the time limit for hearing criminal appeal and protest cases is one month, but not more than one and a half months at the latest; Under any of the circumstances stipulated in Article 126 of the Criminal Procedure Law, it may be extended for one month with the approval of the president.

Supplementary investigation in the trial stage Only when the people's procuratorate puts forward suggestions according to law can the people's court make a decision to postpone the trial. The people's court cannot take the initiative to return the case to the people's procuratorate for supplementary investigation.

Under normal circumstances, changing judges is an avoidance system in China. The challenge system in criminal proceedings refers to a litigation system in which judicial personnel are not allowed to participate in handling cases because they have certain interests or other special relations with the case or the parties to the case, which may affect the fair handling of criminal cases. Article 28 of the Criminal Procedure Law stipulates two ways of withdrawal, namely, voluntary withdrawal and application for withdrawal. Self-avoidance refers to the initiative of the relevant personnel who have one of the legal reasons for avoidance. Application for withdrawal refers to that the parties to the case and their legal representatives think that the relevant personnel have legal reasons for withdrawal and apply to the judicial organs for withdrawal. In order to strictly implement the challenge system stipulated in the Criminal Procedure Law, according to the relevant provisions and judicial interpretation, if the person who should be challenged does not take the initiative to challenge, and the parties and their legal representatives have not applied for challenge, if they are judges or presiding judges, the presiding judges or judicial committees will decide to challenge them.

Before the court makes a decision on whether to withdraw, the person who is applied for withdrawal shall suspend his participation in the case, except for emergency measures; However, if the party whose application is rejected applies for reconsideration, the person whose application for withdrawal is made during the reconsideration period will not stop participating in the work of this case. Another legal consequence of withdrawing the lawsuit is whether the relevant work completed by the person who decided to withdraw the lawsuit is effective after the court made the decision to withdraw the lawsuit. In this regard, the law is not clearly defined. Some scholars believe that the completed litigation behavior of the person who has been decided to withdraw the lawsuit should be invalid, while others believe that it should be treated differently. If a judge decides to withdraw, the presiding judge or a replacement presiding judge will comment on the litigation behavior of the person who withdraws. The behavior that violates legal procedures is deemed invalid, but the appraisal behavior is invalid.