The Criminal Procedure Law - extension, suspend the trial

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  • / Author: Aaron Lewis

First note

A postponement of the hearing

  Refers to the course of the trial, trial continue to meet the situation, announced the action and make the trial adjourned extended time of decision. Deferred trial is only a temporary stop or postpone the court trial date, does not terminate other litigation activities.

Meet one of the following three cases, affecting the conduct of the trial, hearing may be postponed:

1, need to summon new witnesses, collect new evidence, re examination or inspection.

2, inspectors found a public prosecution requires supplementary investigation, suggestion.

3, because the parties apply for withdrawal trial cannot proceed.

 

Two, to suspend the trial

   Is refers to the people's court in the trial process, because of the emergence of the case for a long time can not continue the trial situation and decided to temporarily stop the litigation activities.

The court may suspend the trial:

1, the private prosecutor, defendant suffering from mental disease or other serious diseases, cases are unable to continue for a long time trial.

2, against defendants in court.

 

Three, the suspect, the defendant

  In addition to share with other people to participate in the litigation rights of litigation, in criminal cases, criminal suspects, defendants also enjoy a right of action:

1, right to defense

 Right to defense is suspect, the defendant's most important litigation right.

In cases of public prosecution from the date of examination and prosecution, the criminal suspect has the right to entrust defenders

Case of private prosecution, the accused has the right to entrust defenders at any time

In 2, the first interrogation by the investigatory organ or the compulsory measures adopted by date, the suspect has the right to hire a lawyer to provide legal advice, the appeal and accusation (Can't defend)

3, only in accordance with the law to tell and the victim have evidence of minor criminal cases, asDefendants in a case of private prosecution shall have the right to file a counterclaim to the private prosecutor.