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Is there a time limit for sentencing

Wang** Hebei Langfang Litigation jurisdiction consultation 2024.05.04 12:03:00 381 people read

Is there a time limit for sentencing

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Region: Fujian Fuzhou

Resolution:
Whether there is a specific time limit for the court to choose the day to pronounce a judgment depends mainly on the length of time occupied by the whole trial stage.
In other words, the sentence must be delivered within the trial period specified by law.
For cases that apply summary procedures, they are usually completed within three months;
For cases that apply ordinary procedures, they usually need to be completed within six months.
In addition, when hearing cases of commutation and parole, the people's courts should try their best to pronounce sentences in court if conditions permit;
If the sentence cannot be delivered in court, it can also be delivered at an optional time.
Legal basis:
Article 13 of the Provisions of the Supreme People's Court on the Trial Procedure of Cases of Commutation and Parole
If the people's court is able to pronounce a sentence in court when hearing a case of commutation or parole, the sentence shall be pronounced in court;
If a sentence cannot be pronounced in court, it may be pronounced at a certain time.
Article 148 of the Criminal Procedure Law of the People's Republic of China
The people's court shall publicly pronounce judgments on all cases that are tried in public or in private.
If a judgment is pronounced in court, the written judgment shall be sent within ten days;
If a judgment is pronounced regularly, a written judgment shall be issued immediately after the judgment is pronounced.
When a judgment is pronounced, the parties must be informed of their right to appeal, the time limit for appeal and the court of appeal.
When a divorce judgment is pronounced, the parties must be informed that they may not marry again before the judgment becomes legally effective.

2024-05-04 12:05:00 Reply
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Region: Sichuan Chengdu

Accidents encountered on the way to and from work are not necessarily regarded as work-related injuries. Whether they are work-related injuries depends on the specific circumstances.
According to relevant laws and regulations, injuries caused by traffic accidents or urban rail transit, passenger ferry and train accidents that are not my main responsibility on the way to and from work can be recognized as work-related injuries.
However, if you encounter other types of accidents on the way to and from work, although the accident occurred during the period of commuting, you cannot be identified as work-related injury because you fail to meet the condition of being injured by a traffic accident for which you are not primarily responsible.

2024-05-04 16:29:20 Reply

Hello, my answer to this question is as follows. Sentencing on a certain day means that those who are unable to make a judgment in court will be sentenced on a certain day. There is no specific time limit in law. The presiding judge will arrange it at his discretion. As long as the legal period is not exceeded, it will meet the requirements. If the case is not complicated, there is no need to go to the trial committee. According to the Several Provisions on the Work of the People's Collegiate Panel, the case should be collegiate within five working days after the court session, and the judgment should be made within five working days after the collegiate session. Both parties should be summoned to pronounce, but sometimes the judgment will be pronounced and delivered separately.
The Criminal Procedure Law of the People's Republic of China stipulates that the people's court shall pronounce a judgment on a public prosecution case within two months after accepting it, and no later than three months. For cases where the death penalty may be imposed or cases with incidental civil actions, as well as the existence of this Law
Article 156 Under any of the circumstances specified in this Article, an extension of three months may be granted with the approval of the people at the next higher level. If the extension is necessary due to special circumstances, it shall be submitted to the Supreme People for approval.
The summary procedure of civil cases is 3 months, and the ordinary procedure is 6 months. If the extension is needed for more than 6 months, the presiding judge shall submit a written report and the president shall sign it before the extension.
Criminal Procedure Law of the People's Republic of China
Article 208
In the trial of a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. With the approval of the people at the next higher level, an extension of three months may be granted in cases where the death penalty may be imposed or in cases involving incidental civil proceedings, as well as in cases involving one of the circumstances provided for in Article 156 of this Law. If the extension is necessary due to special circumstances, it shall be reported to the Supreme People for approval.
For a case over which the people have changed their jurisdiction, the time limit for trial shall be calculated from the date on which the changed people receive the case.
For a case for which the People's Procuratorate conducts supplementary investigation, the people shall recalculate the time limit for trial after the supplementary investigation is completed and the case is transferred to the people.

Hello, the answer to the above question is as follows, [Legal Opinion]
There is no specific time limit for the selective sentencing, which is limited by the time limit of the whole trial stage. That is to say, the sentence should be delivered within the statutory trial period.
[Legal Basis]
Criminal Procedure Law

Article 196 All judgments shall be pronounced in public. If a judgment is pronounced in court, the written judgment shall be delivered to the parties and the People's Procuratorate that initiated the public prosecution within five days; If a judgment is pronounced at a fixed time, the written judgment shall be delivered immediately after the pronouncement to the parties and the People's Procuratorate that initiated the public prosecution. The written judgment shall be served on the defender and the agent ad litem at the same time.
  
Article 202 When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, but not more than three months at the latest. With the approval of the people at the next higher level, an extension of three months may be granted for cases that may be sentenced to death or cases that are incidental to civil proceedings, as well as for cases that fall under one of the circumstances prescribed in Article 156 of this Law; If the extension is necessary due to special circumstances, it shall be reported to the Supreme People for approval. For a case over which the people have changed their jurisdiction, the time limit for trial shall be calculated from the date on which the changed people receive the case. For a case for which the People's Procuratorate conducts supplementary investigation, the people shall recalculate the time limit for trial after the supplementary investigation is completed and the case is transferred to the people.

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