The filing time of the first-instance and second-instance courts is different for each court, and some cases must be filed when they are closed. Generally, the case is filed within one month after the case is closed, and the time required by law for the procuratorate to hear the case is three months.

Legal analysis

The binding order of the positive volume materials in the ordinary procedure cases of first instance is: 1, volume surface 2, and contents in the volume; 3, trial process management table (card); 4. Commissioning schedule; 5, indictment or oral prosecution record; 6 filing notice (notice of litigation risk, notice of proof) and delivery receipt; 7. Paying legal fees or reducing, postponing or exempting formalities; 8. Notice of responding to the lawsuit (notice of proof) and receipt of service; 9, defense and attachments; 10. Power of attorney, appraisal power of attorney and identity certificate of legal representative of the original and defendant; 1 1, application for litigation preservation; 12, save the ruling and the delivery receipt; 13, security measures stub; 14, original and defendant evidence; 15, inquiry, investigation and evidence collection materials, witness's application in court; 16, mediation record and mediation materials (mediation before court); 17, prepare the trial record; 18, notice of court hearing, summons and notice of court appearance, notice of proof, notice of collegiate bench members, draft notice of court hearing, etc. 19, trial transcript; 20, the original judgment, mediation and ruling; 2 1, judgment, 22, judgment, mediation, ruling, delivery receipt; 23, the complaint case transfer letter stub; On the 24th, the High Court replied to the letter; 25, the higher court verdict, mediation, the original ruling; 26, evidence processing procedures; 27. Implementation procedures; 28. Form of preparation; 29. Evidence bag; 30, bottom of the roll.

legal ground

Article 216th of the Criminal Procedure Law of People's Republic of China (PRC) applies summary procedure to hear cases. People who may be sentenced to fixed-term imprisonment of not more than three years may be tried by a collegial panel or by a judge alone. If the term of imprisonment that may be sentenced exceeds three years, a collegial panel shall be formed for trial. When a case of public prosecution is tried by summary procedure, the people's procuratorate shall send personnel to appear in court.