How long does it take for a criminal case to be brought to justice?

According to the Criminal Procedure Law of the People's Republic of China, a general criminal case generally goes through three stages, namely, the investigation stage (public security organs), the review and prosecution stage (the people's procuratorate) and the trial stage (people's courts).During the investigation phase, the public security organs will take him into criminal custody according to the circumstances, and request the procuratorate for approval of the arrest within three days, which may be extended by one to four days, and may be extended to 30 days at the longest, and the procuratorate will generally decide whether to approve the arrest within seven days, and this stage can be as fast as three to 10 days. The period for investigation after arrest must generally not exceed two months, and in cases where the circumstances of the case are complicated, it may be extended by one month with the approval of the people's procuratorate at the level above.

If it is an area with inconvenient transportation, a major criminal group case, or a crime committed by wandering, it may be extended for another two months with the approval of the provincial procuratorate. For suspects who may be sentenced to a sentence of less than 10 years, it will be extended for a further two months with the approval of the provincial procuratorate. The review for prosecution phase is generally one month, and may be extended by half a month for major and complex cases, and where the procuratorate finds that it is necessary to supplement the investigation after review, it may return it to the public security organs for supplementary investigation, or it may conduct its own investigation, and the supplementary investigation shall be completed within one month, and the supplemental investigation shall be limited to two supplements.

In the trial stage, if there is no appeal or counter-appeal, it is generally two months, and the maximum is six months. To sum up, for criminal cases, there is only a provision on the maximum time it takes to conclude a case, and there is no provision on the fastest time to conclude a case. The law stipulates that:

Article 208 of the Criminal Procedure Law of the People's Republic of China: People's courts hearing public prosecution cases shall announce the verdict within 2 months of accepting it, and must not exceed 3 months at the latest. In cases where the death penalty might be given, or in cases with attached civil litigation, as well as in any of the circumstances provided for in article 158 of this Law, an extension of three months may be granted upon approval by the people's court at the level above; Where an extension is necessary due to special circumstances, it shall be reported to the Supreme People's Court for approval. In cases where the people's court changes jurisdiction, the time limit for trial is calculated from the date on which the changed people's court receives the case.

In cases where the people's procuratorate is supplementing the investigation, after the supplementary investigation is completed and transferred to the people's court, the people's court is to recalculate the time limit for trial.

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Legal analysis: The first instance of a criminal case shall be concluded within a maximum of 16 months, and the second instance shall be concluded within a maximum of 4 months.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 107: When a public security organ or people's procuratorate discovers the facts of a crime or a criminal suspect, it shall file a case for investigation in accordance with the scope of jurisdiction.

Article 108: Any unit or individual discovering the facts of a crime or a criminal suspect has the right and obligation to report or report the case to the public security organs, people's procuratorates, or people's courts. Victims have the right to report or make accusations to the public security organs, people's procuratorates, or people's courts against the facts of a crime or a criminal suspect who violated their rights in person or property.