(a) the parties who must appear in court and other participants in the proceedings have justified reasons for not appearing 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-authenticate, conduct an inquest or make supplementary investigations;
(4) Other circumstances that should be postponed.
2. Article 198 of the Criminal Procedure Law of People's Republic of China (PRC) * * * During the court hearing, if one of the following circumstances affects the trial, the trial may be postponed:
(1) It is necessary to notify a new witness 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.
Extended data:
Case:
Datong district Court of Huainan City, Anhui Province responded to the decision to postpone the trial of Xu Peixi's bribery case.
The second hearing will notify the witness to testify in court according to law.
201may 13 2 1:58 legal network
Today, the datong district Court of Huainan City, Anhui Province responded to "the datong district Court of Huainan City decided to postpone the trial of the defendant Xu Peixi's bribery case": according to the judicial interpretation of the Supreme Court, the collegial panel believed that the case should be postponed and made a decision to postpone the trial; In the second court session on May 25th, the court will notify witnesses to testify in court according to law.
On the morning of May 1 1, the Datong District Court of Huainan City held a public hearing in accordance with the law to hear the case of Xu Peixi, the former director of panji district Culture, Radio, Film and Television Sports Bureau, who was prosecuted by the Datong District People's Procuratorate of Huainan City, and at the same time broadcast live online video.
During the trial, defender Kong applied for two new witnesses to testify in court.
Chai Guowu, the vice president in charge of criminal trial who is attending the trial, found that this practice did not comply with the law when checking the identity of the first witness, which led to illegal procedures, so he arranged for the bailiff to submit the Supreme People's Court's Interpretation on Application to the collegial panel. After deliberation, the collegial panel considered that according to the judicial interpretation of the Supreme Court, the trial of this case should be postponed, so it decided to postpone the trial.
After the presiding judge announced the adjournment, the defender raised an objection. After explaining to the relevant litigants, the judge will postpone the trial according to law, and the court will notify the witness to testify in court at the second instance.
After consulting the opinions of both the prosecution and the defense, our court decided to hold the second public hearing in the third court at 9: 30 am on May 25, 20 16.
References:
People's Daily Online-Datong District Court of Huainan City, Anhui Province made a decision to postpone the trial of Xu Peixi's bribery case.