Joke Collection Website - Blessing messages - Generally, the second trial will be held a few days in advance.
Generally, the second trial will be held a few days in advance.
1, there is no mandatory time to issue the notice of hearing in advance, and the hearing can be concluded within 3 months from the date of filing the case;
2. Not all second trials have to be held. If the collegial panel of second instance considers it unnecessary to hold a court session, it may not hold a court session.
I. Other cases that should be heard in court:
1, social concern, major appeal cases;
2, the parties or their relatives strongly request a hearing of the appeal case;
3, the people's Procuratorate at the same level suggested hearing the appeal case;
4. Cases appealed again after remanding for retrial;
5. The trial is conducive to receiving the best social effect of the appeal case.
Two, for the following cases, you can not hold a court session:
1. refuses to accept, has jurisdiction over objections, or rejects the ruling of prosecution;
2. The appeal filed by the parties is obviously untenable;
3, the original judgment or ruling found that the facts are clear, but the applicable law is wrong;
4. The original judgment seriously violated legal procedures and needs to be sent back for retrial.
Legal basis: Article 169 of the Civil Procedure Law of People's Republic of China (PRC) The people's court of second instance shall form a collegial panel when trying an appeal case. After reading papers, investigating and asking the parties, if the collegial panel does not present new facts, evidence or reasons, and thinks that it is unnecessary to hold a court session, it may not hold a court session. The people's court of second instance may try an appeal case in its own court, or in the place where the case occurred or where the people's court that originally tried it is located.
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