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Anonymous users2024-02-08Legal Analysis: The reason for the existence of the prosecution period: saving judicial resources. Improving judicial efficiency. Urge the parties to actively exercise their rights.
Legal basis: The People's Republic of China's Criminal Punishment and Law Article 87 The crime is not to be prosecuted after the following time periods:
1) Where the legally-prescribed maximum sentence is less than 5 years imprisonment, after 5 years (2) where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, after 10 years (3) where the legally-prescribed maximum sentence is 10 years or more imprisonment, after 15 years (4) where the legally-prescribed maximum sentence is life imprisonment or death, 20 years have elapsed. If Lao He finds it necessary to prosecute after 20 years, he must report to the Supreme People's Procuratorate for approval.
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Anonymous users2024-02-07Legal Analysis: The reason for the existence of the prosecution period: saving judicial resources. Improve the efficiency of the Si Li inspection method. Urge the parties to actively exercise their rights.
Legal basis: Article 87 of the Criminal Law of the People's Republic of China: Crimes are not to be prosecuted after the following time periods:
1) Where the statutory maximum sentence is less than 5 years imprisonment, after 5 years (2) where the statutory maximum sentence is more than 5 years but not more than 10 years imprisonment, after 10 years (3) where the statutory maximum sentence is 10 years or more imprisonment, after 15 years (4) where the statutory maximum sentence is life imprisonment or death, 20 years. If it is deemed necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.
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Anonymous users2024-02-06The prosecution period refers to the time limit for pursuing the criminal responsibility of a criminal suspect, and the prosecution period is generally determined on the basis of the statutory maximum sentence. If the statutory maximum sentence is less than five years imprisonment, no prosecution shall be pursued after five years.
Article 87 of the Criminal Law of the People's Republic of China: The crime is not to be prosecuted after the following period of time: (1) Where the legally-prescribed 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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Anonymous users2024-02-05The reasons for the need for a prosecution period are as follows: the prosecution period can save judicial resources, improve judicial efficiency, and urge the parties to actively exercise their powers.
The statute of limitations refers to the period within which a crime or tort is prosecuted in accordance with the provisions of the Criminal Law. Where the time for reporting a criminal act has already exceeded the statute of limitations period prescribed by law, legal responsibility is no longer to be pursued; If legal responsibility has been pursued, the case should be dismissed.
The time limit for prosecution is based on the severity of the statutory punishment for each crime, and the statute of limitations for prosecution varies in length
1. Where the statutory maximum penalty is less than 5 years imprisonment, the statute of limitations for prosecution is 5 years;
2. Where the statutory maximum sentence is between 5 and 10 years imprisonment, the statute of limitations for prosecution is 10 years;
3. Where the statutory maximum sentence is 10 years or more imprisonment, the statute of limitations is 15 years;
4. Where the statutory maximum penalty is life imprisonment or death, the statute of limitations is 20 years. If it is found necessary to prosecute after 20 years, it can still be prosecuted after reporting to the Supreme People's Procuratorate for approval.
Legal basis
Criminal Law of the People's Republic of China
Article 87.
Statute of Limitations] The crime will not be prosecuted after the following time periods:
1) Where the legally-prescribed 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, after 20 years, it is found that prosecution is necessary, it must be reported to the Supreme People's Procuratorate for approval.
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Anonymous users2024-02-04Setting a recourse period can ensure effectiveness and enforcement. The statute of limitations refers to the period within which criminals are held criminally responsible in accordance with the provisions of the Criminal Law. Where criminals' criminal conduct has already exceeded the statute of limitations for prosecution provided for in the Criminal Law, their criminal responsibility is no longer to be pursued; If the criminal responsibility of Yin Mu Lu has already been investigated, the case should be dismissed.
The statute of limitations refers to the effective period within which criminals are held criminally responsible in accordance with the provisions of the Criminal Law. Where criminals' criminal conduct has already exceeded the statute of limitations for prosecution 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.
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