First, laws and regulations

1, "Criminal Procedure Law"

(1The common program)

168th court hearing in public prosecution case, should be handled within one month after the sentence, not later than one month and a half. The act of 126th under one of the circumstances stipulated by the provincial, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, may be extended by one month.

The people's court to change under the jurisdiction of the case, from the day of receiving the people's court shall calculate the time limit after the change of play.

The people's Procuratorate for supplementary investigation cases, supplementary investigation is completed after the transfer to the people's court, to the people's court shall calculate the time limit.

Article 126th the following cases in the 124th article of this law the expiration of the time limit prescribed investigation cannot be concluded by the provincial, autonomous region, municipality directly under the central government, the people's Procuratorate approval or decision, may be extended for two months:

(a) major and complicated cases in outlying areas where traffic is very inconvenient;

(two) major crime cases;

(three) on major and complicated cases;

(four) the crime involving a wide range of major and complicated cases, evidence of the difficulties.

(2The summary procedure)

The trial of the case 178th applies the summary procedure, the people's court shall be concluded within twenty days after receiving.

2, "Supreme People's Court on the implementation<The criminal procedure law of the people's Republic of China>Interpretation of several issues "

Article 109th the term of public prosecution cases, in accordance with the provisions of the criminal procedure law. Cases of private prosecution shall apply the ordinary procedure of trial the defendant in custody, shall be sentenced to one month after the defendant in custody, not later than one month and a half. 126th law of criminal procedure under one of the circumstances stipulated by the provincial, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, may be extended by one month.

Need to extend the trial period expires seven days before, should be submitted to the Supreme People's court approval or decision. A case of private prosecution shall apply the ordinary procedure of the defendant in custody shall be sentenced to not, the case within six months. There are special circumstances need to extend the trial period, the approval by the president of the court, may be extended for three months.

110th during the trial, as a psychiatric evaluation of the defendant shall not be included in the trial period of time.

181st during the trial, the prosecutor or the accused person suffering from mental disease or other serious diseases, as well as the case the prosecution to the court after the defendants, the case can not continue for a long time trial, the people's court shall rule to suspend the trial.

Because of other reasons can not resist, so the cases cannot continue the trial, may order to suspend the trial.

Suspend disappear trial after the reasons, it shall resume the hearing. To suspend the trial period are not included in the trial period.

3The Supreme People's court, "on the strict implementation of trial period system several provisions"

Article 1 the trial shall apply the ordinary procedure of first instance criminal cases of public prosecution, the accused in custody the first trial of criminal cases of private prosecution...... For the period of one month, not later than one and a half months; the incidental civil lawsuit trial period, after the approval of the president of the court, may be extended for two months. 126th law of criminal procedure under one of the circumstances stipulated by the provincial, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, the trial period may be extended by one month;...... The defendant apply the ordinary procedure of first instance is not in custody of criminal private prosecution cases, for a period of six months; if extension is needed, the approval of the president of the court, may be extended for three months.

Application of summary trial of criminal cases, the trial for a period of twenty days.

The trial, the implementation period is not included in the ninth of the following period:

(a) during the criminal identification of mental diseases of the defendant for the;

(two) the criminal case due to entrust, assignment of counsel, the court decided to postpone the trial, since the case announced the postponement of the hearing date until tenth day time to prepare his defense;

(three) the public prosecutor discover case requires supplementary investigation, the postponement of the hearing recommendations, the collegial panel agreed to adjourn the trial period;

...... (five) because the parties, agents ad litem, the defender for the summon new witnesses, collect new evidence, to apply for re identification or inspection, the court decided to postpone the trial period of a month;

Article eleventh of criminal cases of public prosecution, the accused in custody cases of private prosecution, the need to extend the trial period expires, should be in seven days before the trial period, apply to the higher people's court; the defendant is not in custody of criminal cases of private prosecution, the need to extend the trial period, should be in the trial period to ten days prior to the end of the president of the court put forward apply for.

 

Two, reading

(a)

		Situation	Special circumstances	The longest time limit
Simple and easy The program		20Day
Pu Pass Process Sequence	The public prosecution The case	Within one month after accepting the verdict		A month
★ have the extension of one month may be one of the four kinds of circumstances	It's been two months
Since the V. Case Piece	The accused in custody, A month,	Not later than one month and a half	One and a half months
★ have the extension of one month may be one of the four kinds of circumstances	Two and a half months
The defendant was not in custody		It's been six months
★ the approval of the president of the court can be extended for three months	It's been nine months
Attached Belt The people V.	A month after acceptance	Not later than one month and a half	One and a half months
★ the approval of the president of the court can be extended for two months	Three and a half months
★ the approval of the president of the court and has one of four situations can be extended by one month	Four and a half months
Attached: four special cases
AGrave and complex cases in remote areas, traffic is very inconvenient;
BThe group, major crime cases;
CGrave and complex cases, fleeing;
DCrime, involving a wide range of major and complicated cases, evidence of the difficulties.

(two) to calculate the trial period:

1The people's court to change, under the jurisdiction of the case, from the day of receiving the people's court shall calculate the time limit after the change of play.

2The people's Procuratorate for supplementary investigation, the case to the people's court, supplementary investigation is completed, to the people's court shall calculate the time limit.

(three) are not included in the time limit:

1During the trial, the mental illness, identification of the defendant's time;

2, to suspend the trial:

In the course of the trial, the prosecutor or the accused person suffering from mental disease or other serious diseases, the case can not continue for a long time trial;

The prosecution case to the people's court after the defendants, the case can not continue for a long time trial;

The other reason could not resist;

3In criminal cases, due to entrust, assignment of counsel, the court decided to postpone the trial, since the case announced the postponement of the hearing date until tenth day time to prepare his defense;

4The public prosecutor, discover the case requires supplementary investigation, the postponement of the hearing recommendations, the collegial panel agreed to adjourn the trial period;

5Because of the parties, defenders, agents ad litem, notice new witnesses, collect new evidence, to apply for re identification or inspection, the court decided to postpone the trial period of a month;

(four) to extend the time limit for submission and approval procedure

1A case of public prosecution, the ordinary procedure, the expiration of seven days before to a higher people's court approval or decision;

2No, the defendant in custody of criminal cases of private prosecution, the expiration of ten days prior to the president of the court to apply.