The maximum length of imprisonment for which there is no sentence in criminal cases

Updated on society 2024-02-21
4 answers
  1. Anonymous users2024-02-06

    Suspected criminal offenses are to be convicted and sentenced in accordance with the provisions of criminal procedure. The period of detention of a criminal suspect specifically includes the period of criminal detention and approval of arrest and investigation by the public security organs, the time limit for the procuratorate to initiate a public prosecution, and the time limit for the people's court to hear and make a judgment.

    1) Criminal detention and approval of arrest: Article 89 of the Criminal Procedure Law: If a public security organ deems it necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within three days of detention.

    Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days. For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days. The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organ.

    2) Investigation stage: Article 154 of the Criminal Procedure Law: The period of investigation and detention of a criminal suspect after arrest shall not exceed two months. In cases where the circumstances of the case are complicated and cannot be concluded at the end of the time limit, an extension of one month may have already been approved by the people's procuratorate at the level above.

    Article 155:In particularly major and complicated cases that are not suitable for trial for a longer period of time due to special reasons, the Supreme People's Procuratorate shall report to the Standing Committee of the National People's Congress for approval of an extension of trial.

    Article 156:In the following cases, where the investigation cannot be concluded at the completion of the time period provided for in article 154 of this Law, it may be extended for two months upon approval or decision of the provincial, autonomous region, or directly governed municipality people's procuratorate:

    1) Major and complex cases in remote areas where transportation is very inconvenient;

    2) Major criminal group cases;

    3) Major and complex cases in which the crime was committed on the move;

    4) Major and complex cases in which the crime involves a wide range of areas and it is difficult to collect evidence.

    Article 157:Where a criminal suspect might be sentenced to 10 years imprisonment or more, and the extension period is completed in accordance with article 156 of this Law, but the investigation cannot be concluded, it may be extended for another 2 months upon approval or decision of the provincial, autonomous region, or directly governed municipality people's procuratorate.

    3) Review for prosecution stage: Article 169 of the Criminal Procedure Law: The people's procuratorate shall make a decision within one month on a case transferred for prosecution by the public security organ, and may extend it by half a month for major and complicated cases.

    4) Court trial stage: Article 202 of the Criminal Procedure Law: When a people's court hears a public prosecution case, it shall announce the verdict within two months after accepting the case, and shall not exceed three 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 156 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.

  2. Anonymous users2024-02-05

    Don't know what kind of case you are? Is there a co-defendant? Only in light of the specific facts of the case can it be clearly stated.

  3. Anonymous users2024-02-04

    Legal Analysis: The period of detention is the period of investigation and detention of a criminal suspect after his arrest, and shall not exceed two months. In cases where the circumstances of the case are complicated and cannot be concluded at the completion of the time limit, an extension of one month may be granted upon the approval of the people's procuratorate at the level above.

    For particularly major and complicated cases that are not suitable for trial for a relatively long period of time due to special reasons, the Supreme People's Procuratorate shall report to the National People's Congress Standing Committee for approval of an extension of trial.

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

    Article 156: The period of investigative detention after arrest of a criminal suspect must not exceed two months. In cases where the circumstances of the case are complicated and cannot be concluded at the completion of the time limit, an extension of one month may be granted upon the approval of the people's procuratorate at the level above.

    Article 157:In particularly major and complicated cases that are not suitable for trial for a longer period of time due to special reasons, the Supreme People's Procuratorate shall report to the Standing Committee of the National People's Congress for approval of an extension of trial.

  4. Anonymous users2024-02-03

    There are circumstances in which a convict who may be sentenced to a real sentence will not be sent to prison, such as:

    1. Those who have a serious illness and need to be released on medical parole;

    2. Women who are pregnant or breastfeeding their babies;

    3. Unable to take care of oneself, and the application of temporary service of sentence outside of prison will not endanger society.

    Convicts sentenced to indefinite imprisonment may temporarily serve their sentence outside of prison in the circumstances provided for in item (2) of the preceding paragraph.

    Imprisonment means being put in prison. The public security organ that detains the convict shall send the convict to the prison to enforce the sentence within one month of receiving the people's court's notice of enforcement of the sentence sentenced to death with a two-year suspension, life imprisonment, or fixed-term imprisonment, or the judgment taking effect.

    Legal basis: Article 265 of the Criminal Procedure Law of the People's Republic of China.

    In any of the following circumstances, convicts sentenced to fixed-term imprisonment or short-term detention may be temporarily served their sentence outside of prison:

    1) Those who have a serious illness and need to be released on medical parole;

    2) Women who are pregnant or breastfeeding their own infants;

    3) Unable to take care of themselves, and the application of temporary service of sentence outside of prison will not endanger society.

    Convicts sentenced to indefinite imprisonment may temporarily serve their sentence outside of prison in the circumstances provided for in item (2) of the preceding paragraph.

    Convicts who might be a danger to society if released on medical parole, or convicts who have caused self-harm and self-disability, must not be released on medical parole.

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