How to calculate the trial period of criminal cases?
Question 1 how to fill in the start and end dates of the trial period for criminal public prosecution cases in the first and second instance, private prosecution cases in the first instance and private prosecution cases in the second instance, if the defendant is in custody?
A: According to Article 168 of the Criminal Procedure Law, Article 103 of the Supreme People's Court's Interpretation of Several Issues in the Criminal Procedure Law, and Articles 1 and 8 of the Provisions on Strict Enforcement of the Time Limit System for Case Trial (hereinafter referred to as "Several Provisions"), ordinary procedures are applied to the first-instance criminal prosecution cases, first-instance criminal private prosecution cases and If the trial period is one month from 1 day of this month to 1 day of the next month, and from the last 1 day of this month to the last L day of the next month, the trial period of half a month shall be calculated as 15 day, and the trial period of the case shall be calculated from the day after filing. For example, June 1 is the application date, and the probation period is from June 2 to July 1, not later than July 16. For example, June 30th is the application date, and the probation period is from July 1 day to July 3 1 day, not later than August 15.
Question 2: The summary procedure of criminal cases of first instance is changed into ordinary procedure. How to calculate the probation period?
A: According to Article 8 of Several Provisions, if a criminal case of first instance is transferred from summary procedure to ordinary procedure, the trial period shall be counted from the day after the decision to transfer to ordinary procedure. If the court decides to change the case from summary procedure to ordinary procedure on March 1 day, the trial period after the change is: March 2 to April 1 day, and no later than April 16.
Question 3: How to calculate the extended trial period of criminal cases in the first and second instance?
A: According to Article 168 (Article 196) of the Criminal Procedure Law, with the approval (decision) of the Shanghai Higher People's Court, the trial period is extended for one month. For example, March 1 is the filing date, April 16 is the expiration date of the original trial period, and the trial period after approval (decision) by the High Court is from March 2 to May 16.
Question 4: How to calculate the extended trial period of criminal incidental civil litigation cases? A: According to article 1 of Several Provisions, with the approval of the president of our hospital, the trial period of criminal incidental civil litigation cases can be extended by two months. For example, March 1 is the filing date, and April 16 is the expiration date of the original probation period. If the probation period is extended for two months with the approval of the president of our hospital, the revised probation period will be from March 2 to June 16.
Question 5: The criminal part is reported to the High Court first, and the civil part is postponed with the approval of the president. How to calculate the probation period?
A: According to Article 50 of the Opinions of the Shanghai Municipal Court on the Trial of Criminal Incidental Civil Cases (Trial), if both the criminal part and the incidental civil part need to extend the trial period, they should first report to the president. After the criminal part has extended the trial period, if the incidental civil part cannot be concluded at the same time, it should be reported to the president of our hospital for approval to extend the trial period for two months. For example, March 1 is the application date, and April 16 is the expiration date of the original probation period. After the criminal part was postponed by the High Court and the civil part was postponed with the approval of the president, the trial period was from March 2 to July 16.
Question 6: How to calculate the trial period of a criminal case in which the defendant is identified as mentally ill? A: According to Article 8 of Several Provisions, the time limit for psychiatric appraisal of the defendant is not included in the trial time limit. For example, the people's court put the case on file on March 20 1, entrusted an appraisal agency to conduct psychiatric appraisal on the defendant, and received the psychiatric appraisal report on April 30 (the psychiatric appraisal time is from March 20 to April 30, * * * is 1 month, 1 1 day, which is not included in the trial period). The revised probation period is from March 2nd to May 27th.
Question 7. A criminal case in which a defender is entrusted or appointed separately. How to calculate the probation period?
A: According to Article 9 of Several Provisions, if a defender or defense lawyer is entrusted or appointed separately, the time from the date of adjournment to the tenth day of defense preparation shall not be counted in the trial period. For example, June 1 day is the date of filing the case, and the collegial panel announced the postponement of the trial on June 2 1 day because the defender or defense lawyer entrusted or appointed it separately. If the collegial panel decides to resume the trial on June 27th (the time for preparing the defense is 7 days, which is not included in the trial period), the original trial period of this case will be changed from June 2nd to July16th. If the trial resumes after June 30th (the time for preparing the defense exceeds 10 days), the revised trial period is from June 2nd to July 26th.
Question 8: How to calculate the time limit for criminal cases that procuratorial organs apply for postponement of trial?
A: According to Article 168 of the Criminal Procedure Law, after the supplementary investigation is completed and transferred to the people's court, the people's court recalculates the trial period. The Supreme People's Court Research Office's Reply on How the People's Court Calculates the Trial Period for Cases with Delayed Trial Proposed by the People's Procuratorate (Fa Yan [200443]) further clarifies that the time limit for the people's court to hear such cases shall be recalculated from the day after the people's court receives the notice from the People's Procuratorate to resume the trial, and the original trial time shall not be counted as the new trial period. For example, the filing date in March is 1, and the original trial period is from March 2 to April 16. On March 20, the public prosecution agency proposed to postpone the supplementary investigation for one month, and the collegial panel agreed to postpone it. If the public prosecution agency completes the supplementary investigation on April 24, the people's court will receive the Notice of Request for Resumption of Hearing submitted by the Procuratorate on April 25. The trial period of the case will be recalculated from April 26th, and the revised trial period will be from April 26th to May 25th, no later than June 9th.
Question 9: How to calculate the trial period for notifying new witnesses to appear in court, obtaining new evidence, and applying for re-appraisal or inspection?
A: According to Item (5) of Article 9 of Several Provisions, our court agrees that 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 inquest. The delay of hearing for no more than one month is not included in the trial limit. For example, June 1 is the filing date, and the original probation period begins on June 2 and ends on July 16. The collegial panel decided to postpone the trial on June 2 1 day and resume the trial on June 30 (the time for postponing the trial is 10), so the revised trial period is from June 2 to July 26; If the collegial panel decides to postpone the trial on June 2 1 and decides to resume the trial after July 2 1 (the trial is postponed for more than one month), the revised trial period is from June 2 to August 16.
Question 10 How to calculate the trial period for criminal cases of second instance?
A: According to Item (4) of Article 9 of Several Provisions, the time for the people's procuratorate to read the papers for more than seven days within the time limit of second instance is not included in the time limit of second instance. For example, the filing date is June 1, the original trial period is June 2 to July 16, the file is transferred to the procuratorate on June 3, and the file is returned by the procuratorate on June 22 (the marking time is 20 days, and the days exceeding 13 are not counted), so the revised trial period is June 2 to July 29. On the other hand, the time for the procuratorate to read the papers less than seven days should be included in the trial limit, so the original trial limit remains unchanged, from June 2 to July 16.