I. Can I apply for an adjournment in criminal cases?
You can apply for adjournment, but not more than twice. During the trial, if the public prosecutor thinks that the case needs supplementary investigation and proposes to postpone the trial, the collegial panel shall agree. However, it is recommended that the number of extensions should not exceed two.
In any of the following circumstances, the hearing may be postponed:
1, the parties who have to appear in court and other participants in the proceedings have justified reasons not to appear in court;
2. The party concerned temporarily applies for withdrawal;
3. It is necessary to notify new witnesses to appear in court, obtain new evidence, re-identify, conduct an inquest, or supplement the investigation;
4. Other circumstances that should be postponed.
Among them, it belongs to "other circumstances that should be postponed", such as one party being detained during the proceedings and unable to continue the trial.
According to Article 198th of the Criminal Procedure Law, if one 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-identify or conduct an inquest;
2, prosecutors found that the case of public prosecution needs supplementary investigation, put forward suggestions;
3. Unable to stand trial due to application for withdrawal.
If the people's procuratorate fails to request the people's court to resume the trial within the supplementary investigation period after the court announced the postponement of the trial, the people's court shall rule to reject the case of the people's procuratorate.
Second, what are the circumstances of postponing the trial of criminal cases?
According to the provisions of Article 204th of the Criminal Procedure Law, if one 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-identify or conduct an inquest;
2, prosecutors found that the case of public prosecution needs supplementary investigation, put forward suggestions;
3. Unable to stand trial due to application for withdrawal.
According to the criminal procedure rules of the people's procuratorate
Article 455 During the trial, the public prosecutor may suggest that the court postpone the trial under any of the following circumstances:
(1) If it is found that the facts are unclear, the evidence is insufficient, or the accomplice or suspect is omitted, it is necessary to make supplementary investigation or provide supplementary evidence;
(2) The defendant needs supplementary investigation and verification to expose other people's criminal acts or provide important clues;
(3) If it is found that the accomplice is guilty or the criminal suspect is omitted, it is necessary to supplement, add or change the prosecution, although it is not necessary to supplement the investigation and provide supplementary evidence;
(four) apply to the people's court to notify witnesses and expert witnesses to testify in court or people with specialized knowledge to express their opinions in court;
(five) the need to obtain new evidence, re identification or inspection;
(6) The public prosecutor needs to give the defendant and the defender necessary time to prepare their defense when presenting and reading evidence other than that transferred to the people's court before the court session, or supplementing or changing the prosecution;
(seven) the defendant and defender produce evidence related to conviction and sentencing that the public prosecutor does not have, which needs to be investigated and verified;
(8) The public prosecutor needs to investigate and verify the legality of evidence collection.
Before the people's court opens a court session, if one of the above circumstances is found, the people's procuratorate may suggest that the people's court postpone the trial.
Article 456 After the court announces the postponement of the trial, the people's procuratorate shall, within the time limit for supplementary investigation, request the people's court to resume the trial or withdraw the prosecution.
During the trial, the number of times the public prosecutor suggested postponing the trial shall not exceed two times, and each time shall not exceed one month.
3. What's the difference between postponing the trial and suspending the trial?
1, time is different. Postponement of the trial only applies to the trial process, and suspension of the trial applies to the people's court after accepting the case and before making a judgment.
2. The reasons are different. The reason for postponing the trial is that there are obstacles in the litigation itself, and its elimination depends on the completion of some litigation activities. Therefore, the postponement of the trial cannot stop the litigation activities outside the trial, but the reason for the suspension of the trial is the irresistible situation, and its elimination has nothing to do with the lawsuit itself. Therefore, the suspension of the trial will suspend all litigation activities.
3. The predictability of further hearings is different. The time when a case is adjourned can be foreseen and even decided in court, but the time when a case is adjourned is often unpredictable.
To sum up, it is ok to apply for an extension of the hearing in criminal cases, but there are certain conditions for an extension of the hearing. Not all cases can be postponed, and those that meet the conditions are possible.