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Anonymous users2024-02-11The validity of the judgment is independent of whether the defendant can be found: the first-instance judgment takes effect after the expiration of the 15-day appeal period; The second-instance judgment takes effect on the date on which the judgment is pronounced (the judgment is pronounced periodically) or the date on which the judgment is delivered (the judgment is pronounced at court). If the defendant cannot find it, service by announcement, service by entrustment, or service by retention in custody shall apply.
Article 78 of the Civil Procedure Law: The service of litigation documents shall be directly delivered to the recipient ......
Article 79: Where the person to be served or his adult family members living with him refuse to accept litigation documents, the person serving them shall invite a representative of the relevant basic-level organization or unit to appear to be present, explain the situation, indicate the reason and date of refusal on the proof of service, and have the person serving or the witnesses sign or affix a seal, and leave the litigation documents at the residence of the person to be served, it is deemed to have been served.
Article 80: Where it is difficult to directly serve litigation documents, other people's courts may be entrusted to serve them on their behalf, or service may be made by mail. If it is delivered by mail, the date of receipt indicated on the receipt shall be the date of delivery. Article 83: After receiving the litigation documents, the organ or unit that transferred them on behalf of them must immediately hand them over to the person to whom they are served to sign for receipt, and the date of receipt on the receipt of service is the date of service.
Entrusted service is only applicable to courts and other state organs. The defendant's ordinary work unit has no right to be entrusted with service. Therefore, the verdict cannot be sent to his unit.
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Anonymous users2024-02-10You can tell the court that you will get it yourself, and if you have a lawyer, the lawyer will take it.
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Anonymous users2024-02-09Legal analysis: Since the court may choose to serve the judgment to the defendant's work unit, or the public security police station of the original place of household registration, or the registration authority of the defendant's unit, the parties may apply to the court not to send the criminal judgment to the work unit. Of course, it is up to the court to decide whether to approve it or not.
Legal basis: Article 247 of the "Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law" Where a judgment is announced at court, the judgment shall be served within 5 days. Where judgments are periodically announced, the time and place of the announcement of the verdict shall be announced in advance before the judgment is announced, and the parties shall be summoned and the public prosecutor, legally-designated ** person, defender, and litigant ** person shall be notified; After the judgment is announced, the written judgment shall be served immediately.
The written judgment shall be sent to the people's procuratorate, the parties, legally-designated persons, defenders, and litigants, and may be served on the defendant's close relatives. After the judgment takes effect, it shall be sent to the defendant's unit or the public security police substation for the original place of household registration, or to the registration organ of the defendant unit.
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Anonymous users2024-02-08The criminal verdict does not need to be sent to the unit. The Criminal Procedure Law stipulates that after a court announces a verdict, if the verdict is pronounced in court, the verdict shall be sent to the parties and the people's procuratorate initiating the prosecution within five days. Where the verdict is periodically announced, the written judgment shall be sent to the person who is the subject of the judgment and the people's procuratorate, defender, or litigant who initiated the public prosecution immediately after it is announced.
Units are not included.
[Legal basis].
Article 202 of the Criminal Laughter and Celebration Litigation Law announces the verdict and conducts it publicly. Where the verdict is announced at court, the written judgment shall be sent to the parties and the people's procuratorate initiating the prosecution within 5 days; Where judgments are periodically announced, the written judgment shall be sent to the parties and the people's procuratorate initiating the prosecution immediately after it is announced. The written judgment shall be served on the defender and litigant at the same time.
Article 203 of the Criminal Procedure Law stipulates that the judgment shall be signed by the adjudicators and clerks, and shall indicate the time limit for filing and filing a lawsuit and the court of appeal.
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Anonymous users2024-02-07Legal analysis: Since the court may choose to send the judgment to the defendant's work unit, or the public security police station of the original place of household registration, or the registration authority of the defendant's unit, the parties may apply to the court not to send the criminal judgment to the work unit. Of course, it is up to the court to decide whether to approve it or not.
Legal basis: Article 247 of the "Supreme People's Court Interpretation on Several Issues Concerning the Enforcement of the Criminal Procedure Law of the People's Republic of China" Where a judgment is announced at court, the written judgment shall be served within 5 days. Where the judgment is announced on a regular basis, the time and place of the judgment shall be announced in advance before the judgment is announced, and the parties shall be summoned and the public prosecutor, legally-designated ** person, defender, and litigator shall be notified; After the judgment is announced, the written judgment shall be served immediately.
The written judgment shall be served on the people's procuratorate, the parties, legally-designated persons, defenders, and litigants, and may be served on the defendant's close relatives. After the judgment takes effect, it shall also be sent to the defendant's unit or the public security police substation for the original place of household registration, or to the registration organ of the defendant unit.
The differences between a judgment and an award are as follows: >>>More
Your friend is suspected of committing a crime, and the case has not been tried at all, and now the case is estimated to be in the review and prosecution stage or has just been accepted by the court, so you can apply for bail pending trial, and you need to prepare money to go to the public security organ to go through the formalities.
1. The service of litigation documents must have a proof of service, and the person to be served shall indicate the date of receipt and sign or affix a seal on the receipt of service. >>>More
Where the people's court has already announced a judgment, the lawsuit must not be withdrawn. After the people's court accepts the plaintiff's lawsuit and files the case, but before the judgment is announced, the plaintiff may submit a written or oral request to the people's court to withdraw the lawsuit, and the court will rule whether to allow it. After examination and approval, the court made a ruling to withdraw the lawsuit and served it on the plaintiff and the defendant respectively. >>>More
If the judgment is not pronounced in court, the appeal period shall begin to be calculated in the first instance, and the judgment shall take effect on the date of receipt of the judgment. In the second instance, there is no appeal at the completion of the appeal period.