What is the trial limit of the second instance of criminal procedure law?

I believe that many people are always anxiously waiting for the result after the criminal case is submitted to the second instance, and they are confused about the time limit and specific time of the second instance of the Criminal Procedure Law. It is not clear what the court has done in each time period and how long each stage will take. Then, how to stipulate the trial limit of second instance in criminal cases and what is the trial limit of second instance in criminal procedure law? Let's introduce Bian Xiao's works to you. 1. The court of first instance transferred the case to the court of second instance (about one month). Article 220 of the Criminal Procedure Law stipulates: "If the defendant, private prosecutor, plaintiff in incidental civil action and defendant appeal through the people's court of first instance, the people's court of first instance shall, within three days, transfer the appeal together with the case file and evidence to the people's court at the next higher level, and at the same time send a copy of the appeal to the people's procuratorate at the same level and the other party." If the defendant, private prosecutor, plaintiff and defendant in incidental civil action directly appeal to the people's court of second instance, the people's court of second instance shall, within three days, submit the appeal to the people's court of first instance and send it to the people's procuratorate at the same level and the other party. "Although the Criminal Procedure Law requires the court of first instance to retrieve the files and evidence within three days, in fact, it is basically impossible for the court of first instance to retrieve the files to the court of second instance within three days after receiving the appeal due to the workflow of the court of first instance, the deployment of manpower and the coordination between the higher and lower courts. In practice, the court of first instance usually sorts out the files about one month after receiving the appeal and hands them over to the court of second instance. Second, the court of second instance examined the case and transferred it to the commercial trial court (about fifteen days). Article 7 of "Several Provisions of the Supreme People's Court on Strictly Implementing the Time Limit System of Case Trial" stipulates that the filing institution shall transfer the case file to the court of first instance within three days from the date of deciding to file the case; Article 8 stipulates that "the trial period of a case shall be counted from the day after the case is filed." "the Supreme People's Court's Reply on Issues Related to the Implementation of Several Provisions of the Supreme People's Court on Strict Enforcement of Time Limit System for Trial of Cases" stipulates: "If the filing court undertakes pre-trial procedural work such as delivery of relevant legal documents, review of jurisdictional objections, litigation preservation, and exchange of evidence before trial, The time limit for transferring the files to the trial court may not be stipulated in Article 7 of Several Provisions of the Supreme People's Court Municipality on Strictly Implementing the Time Limit System for Trial of Cases (hereinafter referred to as "Several Provisions"). The filing institution shall transfer the files to the trial court within three days after deciding to file a case, but the longest time limit for transferring the files to the court of first instance shall not exceed twenty days, and the longest time limit for transferring the files to the court of second instance shall not exceed fifteen days. Third, the people's procuratorate at the same level of the court of second instance will read the papers (usually one to two months). Article 224 of the Criminal Procedure Law stipulates: "The people's procuratorate at the same level shall send personnel to appear in court for the case protested by the people's procuratorate or the case of public prosecution tried by the people's court of second instance. After the people's court of second instance decides to hold a hearing, it shall promptly notify the people's procuratorate to consult the file. The people's procuratorate shall complete the inspection within one month. The time for the people's procuratorate to consult the case file is not included in the trial period. " The people's procuratorate at the same level will appear in court when the case entering the second instance procedure is heard, so it is necessary to consult the case file to make preparations. According to the provisions of the Criminal Procedure Law, the people's procuratorate at the same level of the court of second instance should complete the marking within one month, but the Rules of Criminal Procedure of the People's Procuratorate (Trial) has made a breakthrough on the basis of the Criminal Procedure Law, leaving a back door of "if it cannot be completed within one month, it can request the people's court to postpone the trial". When we handle some major and difficult cases of second instance, we often encounter the situation that the people's procuratorate applies for extension because it can't complete the marking within one month. Four. Time limit for the trial of the court of second instance (two to four months) Article 232 of the Criminal Procedure Law stipulates: "The people's court of second instance shall conclude the appeal and protest cases within two months. For a case that may be sentenced to death or a case with incidental civil action, if one of the circumstances stipulated in Article 156 of this Law occurs, it may be extended for two months with the approval or decision of the higher people's court of a province, autonomous region or municipality directly under the Central Government; If it needs to be extended due to special circumstances, it shall be reported to the Supreme People's Court for approval. " According to the above provisions, the people's court shall conclude the case of second instance within two to four months. V. Deferred trial (more than one month) is not included in the trial period. Article 198 of the Criminal Procedure Law stipulates that in the course of court trial, 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-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 9 of the "Several Provisions of the Supreme People's Court on Strictly Implementing the System of Time Limit for Trial" stipulates that the following time limits are not included in the time limit for trial execution: (1) the time limit for psychiatric appraisal of defendants in criminal cases; (2) For a criminal case that the court decides to postpone the trial due to another entrustment or designation of a defender, the time for preparing the defense shall be from the date of postponing the trial of the case to the tenth day; (3) the period during which the collegial panel agrees to postpone the trial after the public prosecutor finds that the case needs supplementary investigation and puts forward a proposal to postpone the trial; (four) during the second trial of a criminal case, the time after the procuratorate consulted the case file exceeded seven days; (5) The court decides to postpone the hearing within one month because the parties, agents ad litem and defenders apply to notify new witnesses to appear in court, obtain new evidence and apply for re-appraisal or inspection; The above situations that cannot be included in the probation period can occur one after another. In judicial practice, if the court needs a longer trial period, it will often consult with the defense lawyer and ask the defense lawyer to postpone the trial on the grounds that it needs to obtain new evidence. Therefore, the time not included in the probation period is often more than one month. 6. Recalculate the trial period and postpone the trial (each time it is returned to the supplementary investigation for three months) Article 199 of the Criminal Procedure Law: The people's procuratorate shall complete the supplementary investigation within one month for a case postponed according to the second paragraph of Article 198 of this Law; The third paragraph of Article 202 stipulates that the case that the people's procuratorate completes supplementary investigation and is transferred to the people's court shall be recalculated during the trial. Article 223 of the Interpretation of the Criminal Procedure Law stipulates: In the course of trial, if the public prosecutor thinks that the case needs supplementary investigation and proposes to postpone the trial, the collegial panel shall agree, but the number of times to postpone the trial shall not exceed two. According to the above provisions, after the expiration of the normal trial period, the people's procuratorate returned the supplementary investigation for one month and then transferred the case to the people's court. The people's court recalculated the trial period of two months, so the trial period of six months was extended after the lawsuit was withdrawn twice. Because there are various uncontrollable factors within the trial limit, such as file handover and re-appraisal. It can be found that it is difficult to calculate the exact time of the trial limit of the second instance of the Criminal Procedure Law, but we can still calculate the trial limit according to the conservative algorithm: 1 (transferred to the court of second instance) 0.5 (filed by the court of second instance) 2 (read by the procuratorate) 4 (normal trial limit) 1.5 (. That is to say, the court may make a second-instance judgment "according to law" after 15 months after receiving the appeal without "deliberately" delaying the trial period. We can probably understand that after excluding some uncontrollable factors that may affect the second trial, if the court conducts the trial on time, it will take about 15 months for the court to complete the second trial and make a second trial judgment.