Can the trial be postponed?

You can apply for an extension of the trial period, but it must be justified and approved by the court handling the case. Postponement of trial: refers to a litigation system in which the people's court can't conduct the trial as scheduled for some legal reasons after determining the trial date or during the trial, or the trial that has already started can't continue.

According to the law, under the following three circumstances, the court may postpone the trial of a case, with the purpose of accurately finding out the facts of the crime, correctly applying the law, punishing criminals and protecting innocent people from criminal investigation.

1. It is necessary to notify new witnesses to appear in court, obtain new evidence, re-authenticate, conduct an inquest, or supplement the investigation.

During the court hearing, the parties, defenders and agents ad litem apply to the court for new witnesses to testify in court, obtain new material evidence, re-evaluate or conduct an inquest. The court should carefully examine the above application. If they think these applications are reasonable, and may affect the determination of the truth, and even affect the judgment of the defendant's guilt or innocence, they should agree to these applications. If it cannot be settled in court, they can decide to postpone the trial until the new investigation, evidence collection, appraisal and inspection are completed.

Two, prosecutors found that the case of public prosecution needs supplementary investigation, put forward suggestions.

As a party who supports public prosecution in a public prosecution case, a prosecutor should have enough reliable and sufficient evidence to accuse the defendant of a crime when trying a case in court. Prosecutors should carefully investigate and collect evidence before the trial and make full preparations. During the trial, if it is found that the new evidence or the original evidence of the defendant's crime is not true and sufficient, in order to accurately and timely find out the facts of the crime and punish the criminals, suggestions for supplementary investigation can be put forward to the court. If the court accepts it, it can decide to postpone the trial. The people's procuratorate shall, within one month, complete the supplementary investigation, submit the collected evidence accusing the defendant of criminal facts to the people's court, and the people's court shall decide to reopen the trial.

Three, because the parties apply for the withdrawal of a judge, prosecutor, investigator, translator or expert witness.

If the above-mentioned persons have an interest in the case, which may affect the fair handling of the case, the parties have the right to apply for their withdrawal. In the course of the court hearing, if the parties apply for the withdrawal of the relevant personnel, and the collegial panel thinks that their application is unreasonable and rejects it according to law, the trial activities will continue. If the collegial panel needs to investigate and study the application of the parties and cannot make a decision in court, or if the collegial panel thinks that the person who has been applied for withdrawal really should withdraw and needs to replace other personnel, it may decide to postpone the trial.

Legal basis: Article 146 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the trial may be postponed under any of the following circumstances:

(a) the parties who must appear in court and other participants in the proceedings have justified reasons for not appearing in court;

(2) The party concerned temporarily applies for withdrawal;

(3) It is necessary to notify new witnesses to appear in court, obtain new evidence, re-authenticate, conduct an inquest or make supplementary investigations;

(4) Other circumstances that should be postponed.