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According to you, once the police file a case, any time the suspect is arrested and brought to justice, the criminal suspect will be punished by the law indefinitely, unless he dies early.
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It is the problem that the prosecution period may arise only if it is not discovered, that is, if the case is not filed, otherwise it will always be prosecuted.
where the maximum sentence is less than 5 years, those who have not been discovered for 5 years are exempted from prosecution;
5 10 years, 10 years;
15 years for more than 10 years;
Life imprisonment, 20 years.
Even if it has been more than 20 years, the High Court has approved that the prosecution can still be continued.
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There is no time limit in the law for intentional homicide cases, and as long as the person is still there, this case record will not be expunged.
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Legal analysisCriminal prosecution period. Under normal circumstances, the starting time for prosecution is calculated from the date of the crime, that is, from the date on which the criminal act is completed or stopped. Where the criminal conduct is continuous, it is calculated from the date on which the criminal conduct ends.
That is to say, if a criminal commits the same crime consecutively (the criminal deliberately commits several independent criminal acts in succession at a certain time), the prosecution period begins to run from the time when the last criminal act is committed. Where the criminal conduct is in a state of continuation (the same criminal conduct committed by criminals is in a state of continuity for a certain period of time), it is calculated from the date on which the criminal conduct ends. Where another crime is committed within the time limit for prosecution, the period for prosecution for the previous crime is calculated from the date on which the criminal conduct of the later crime is completed or stopped.
Legal basisCriminal Law of the People's Republic of China》 Article 87: Crimes are not to be prosecuted after the following periods of time: (1) where the statutory maximum sentence is less than 5 years imprisonment, 5 years have passed; (2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, 10 years have elapsed; (3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years have elapsed; (4) Where the statutory maximum sentence is life imprisonment or death, 20 years have elapsed. If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.
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The period for criminal prosecution refers to the effective period for pursuing the criminal responsibility of criminals in accordance with the provisions of the Criminal Law. Where criminals' criminal conduct has already exceeded the statute of limitations period provided for in the Criminal Law, their criminal responsibility is no longer to be pursued; If criminal responsibility has been pursued, the case should be dismissed.
Legal basisArticle 87 of the Criminal Law of the People's Republic of China: [Statute of Limitations for Prosecution] The crime is not to be prosecuted after the following periods have passed: (1) where the statutory maximum sentence is less than 5 years imprisonment, 5 years have elapsed; (2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, 10 years have elapsed; (3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years have elapsed; (4) Where the statutory maximum sentence is life imprisonment or death, 20 years have elapsed.
If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.
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The so-called safe period is 14 days before the day of your period, for example, if you come on the 30th, then push forward 14 days from the 30th, that is, the first few days before the 16th is your safe period.