Can the trial date be postponed?

Yes, you can. Postponement of trial: refers to a litigation system in which the people's court can't conduct the trial as scheduled for some legal reasons after determining the trial date or during the trial, or the trial that has already started can't continue. Postponement of the trial can only occur at the trial stage, and the litigation acts that have been implemented before the postponement of the trial are still valid for the postponement of the trial. However, the extended time is not counted in the probation period.

1. Conditions for postponing the trial: In the course of the court trial, the trial may be postponed if one of the statutory postponements affects the trial.

Two. Legal circumstances for postponing the trial:

1. It is necessary to notify new witnesses to appear in court, obtain new physical evidence and re-identify/inspect;

2. If the prosecutor finds that the public prosecution case needs supplementary investigation and puts forward suggestions, the procuratorate shall complete the supplementary investigation within 1 month;

3. Unable to stand trial due to application for withdrawal.

Three. Other extension cases:

1. Defender refuses to continue to defend the defendant in court/Defendant refuses to defend him in court, but Defendant requests to be another defender/requests the court to appoint another defense lawyer. If the collegial panel agrees, the hearing shall be postponed.

2. If the procuratorate needs to give the defendant/defender the necessary time to prepare the defense when changing/adding the prosecution, the collegial panel shall announce the postponement of the trial:

A, before the court pronounced a sentence, the procuratorate found that the defendant's true identity/criminal facts did not match the identity/criminal facts stated in the indictment, and may request to change the prosecution;

B. If the procuratorial organ finds that the suspects/criminal facts in the same case who missed the crime can be prosecuted and tried together, it may request additional prosecution.

3. If the legality of the confession made by the public prosecutor Du and other defendants cannot be proved in court, it may be suggested to postpone the trial;

4. In order to provide new evidence during the trial, the public prosecutor needs to make supplementary investigation and put forward an adjournment of the trial, and the court shall agree.

5. The defendant/defender informs the interrogators/other participants in the interrogation/other witnesses to appear in court, and the court may announce an adjournment when it deems it necessary.

legal ground

Article 204 of the Criminal Procedure Law In the course of a 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.

Article 205 The people's procuratorate shall complete the supplementary investigation of a case postponed in accordance with the provisions of the second paragraph of Article 204 of this Law within one month.

code of civil law

Rule 146 Suspension of trial

In any of the following circumstances, the hearing may be postponed:

(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.