When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. If the case goes to the court, the ordinary procedure is applied and the jurisdiction has not changed. Under normal circumstances, the sentence will be pronounced within 2 months, not more than 3 months at the latest. Under special circumstances, it may be extended for 3 months with the approval of the higher court. With the approval of the Supreme Court, it can be extended by 1-3 months. If the procuratorate applies for postponement of the trial, the number of times shall not exceed 2 times, and each time shall not exceed 1 month. Is to postpone the trial for at most two months. The supplementary investigation by the procuratorate shall not exceed 1 month. However, as long as there is supplementary investigation, the time that has passed before in court cannot be counted as the trial period, and the court should recalculate the trial period. According to the above time limit, the whole criminal trial period may end within at least 6 months (normal trial for 3 months+1 supplementary investigation 1 month +2 postponed trials for 2 months). If the higher court approves, it may take 9 months.
What is the court enforcement procedure?
If the debtor fails to perform his debts within the period specified in the judgment or ruling after the judgment or ruling becomes legally effective, the creditor may apply to the people's court for compulsory execution. Those who apply to the people's court for enforcement of the award of the arbitration institution, the creditor's rights documents that have been given compulsory enforcement effect by the notary organ according to law, and the handling or punishment decision of the administrative organ shall pay the application enforcement fee.
If one party fails to perform the obligations specified in the legally effective legal documents within the time limit, the other party may apply to the court for compulsory execution according to law. Legal documents with legal effect include:
1, legally effective civil, economic and administrative judgments, rulings, conciliation statements, payment orders, civil decisions, property penalty decisions, and criminal judgments and rulings with property enforcement content;
2. An award or conciliation statement made by an arbitration organ that has taken legal effect and can apply to a people's court for compulsory execution according to law;
3. A document made by a notary office that has taken legal effect may apply to the people's court for execution of debt recovery and goods according to law;
4, the administrative organ has made a legally effective punishment decision and the decision to apply to the people's court for execution;
5. The people's court recognizes and agrees to assist in the execution of judgments, rulings and enforcement rulings of foreign courts;
6. An award made by the people's court that recognizes and agrees to assist in the enforcement of the award of a foreign arbitration institution.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 156 If the investigation of the following cases cannot be concluded 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 procuratorate of a province, autonomous region or municipality 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.
Article 198 In the course of a court trial, if any of the following circumstances affects the trial, the trial may be postponed: (1) It is necessary to notify new witnesses to appear in court, obtain new material evidence, re-evaluate or conduct an inquest; (two) prosecutors found that the case of public prosecution needs supplementary investigation and put forward suggestions; (3) The trial cannot be conducted due to the application for withdrawal.
Article 199 The people's procuratorate shall complete the supplementary investigation of a case postponed in accordance with the provisions of the second paragraph of Article 198 of this Law within one month.
Article 202 When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. 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. If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case. The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.