I Divorce proceedings How long is the sentencing date after the court session
There is no clear legal standard or time for the court to pronounce a judgment on a certain day, which can only be understood as a reasonable time. This reasonable time is based on the principle of not exceeding the trial limit. The summary procedure is generally within three months, and the ordinary procedure is generally within six months. As long as the judgment is pronounced within this trial limit, it is legal in procedure.
Judgement on a given day means that if the court is unable to make a judgment in court, it will make a judgment on a given day. Generally, cases are made on a given day. Only simple cases can be sentenced in court. first instance Sentenced on a certain date death penalty , such as appeal to the High Court second instance Even if there is no appeal, the Supreme Court shall review it. If the Supreme Court rejects the appeal or approves the death penalty, it shall report to the Supreme People's Court for review and approval execute a condemned convict 。
2、 The process of the court's announcement of the hearing
1. The presiding judge shall ascertain whether the parties are present in court. Check the name, nationality, native place, date of birth, educational level, occupation, address and criminal history of the defendants one by one, and whether they have received indictment . It is time to receive the indictment. If the defendant is an ethnic minority who does not know Chinese, it shall be provided with an interpreter. If the defendant is under the age of 18, it shall be notified guardian Appear in court and designate defense lawyer 。 If the defendant has not received the indictment or has not received the indictment for less than 10 days deferred trial 。
2. Announce the source of the case. Inform the party that today the court is hearing the case of a certain person who is suspected of being a certain person charge 。
3. Announce the members of the collegial panel, the clerk prosecution Defender, lawsuit agent List of persons, experts and interpreters; Inform the parties that they have the right to apply for withdrawal from the members of the collegial panel, the clerk, the public prosecutor, the expert witness and the interpreter; Inform the defendant of his right to defense.
4. Inform the defendant of his rights. Including the right to apply for withdrawal, the right to defend oneself, and submission evidence Right to apply for new witness The right to appear in court, apply for obtaining new evidence, apply for re appraisal, re inspection and final statement.
5. Interrogate the defendant whether to apply for withdrawal. The reason for the defendant's application for withdrawal meets《 criminal procedure law 》If so, an adjournment shall be announced. Report to the president of the court or the chief procurator for decision. If the reasons for the application do not conform to the provisions of the Criminal Procedure Law, the presiding judge shall reject the application in court.
6. Declare the case to be heard in public or Private hearing And its reasons.
7. Declare court discipline.
《 civil procedure law 》Article 161 Time limit for trial
The people's court applying summary procedure to try a case shall Filing a case The audit shall be concluded within three months from the date of the audit.
Article 149 Trial time limit
A case tried by a people's court in the ordinary procedure shall be concluded within six months from the date of filing the case. If the extension is necessary under special circumstances, it may be extended for six months with the approval of the president of the court; If the extension is still needed, it shall be reported to the people's court at a higher level for approval.
shut litigation Generally, the case will choose the responsibility judgment, and the specific time limit for the judgment is not specified in the legal procedure, as long as the duration does not exceed the duration of the existing procedure. The ordinary procedure is usually within six months.
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