-
Criminal proceedings do not have the concept of a time limit, but are called statutes of limitations. As long as the people's procuratorate finds that it is necessary to prosecute, it is not subject to the time limit for prosecution.
-
Statute of limitations for criminal proceedings: Where the statutory maximum sentence is less than five years imprisonment, the statute of limitations for prosecution is five years; Where the statutory maximum sentence is 5 to 10 years imprisonment, the statute of limitations is 10 years; Where the statutory maximum sentence is 10 years or more imprisonment, the statute of limitations is 15 years; Where the statutory maximum penalty is life imprisonment or death, the statute of limitations is 20 years.
Criminal proceedings are generally public prosecution cases, where the statute of limitations for crimes is no longer prosecuted after the statute of limitations has expired, where the criminal punishment is waived by an amnesty order, or where the criminal suspect or defendant is deceased, criminal responsibility is not pursued, and where the case has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial terminated, or acquitted. Criminal cases are similar to the statute of limitations in civil cases, when the crime has passed the statutory period, it will not be prosecuted, although the crime is punishable, but after a certain number of years, the crime is not punished again.
The tasks of the Criminal Procedure Law of the People's Republic of China are to ensure that the facts of crimes are ascertained accurately and in a timely manner, that the law is correctly applied, that criminals are punished, that innocent persons are not criminally prosecuted, that citizens are educated to consciously abide by the law, that they actively struggle against criminal acts, that they uphold the socialist legal system, that they respect and protect human rights, that they protect their personal rights, property rights, democratic rights, and other rights, and that they ensure the smooth progress of the cause of building socialism.
Criminal litigation refers to the activities of the people's courts, people's procuratorates, and public security organs, with the participation of the parties and other litigation participants, to resolve the issue of criminal responsibility of the prosecuted person in accordance with the procedures prescribed by law. According to the different content and form of litigation, litigation activities can be specifically divided into:
1. Criminal proceedings.
2. Civil litigation.
3. Administrative litigation.
Legal basis
Criminal Law of the People's Republic of China
Article 87: Crimes are not to 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 passed;
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.
Article 89: The time limit for prosecution is calculated from the date on which the crime was committed; Where the criminal conduct is continuous or continuous, 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 subsequent crime is committed.
-
Legal Analysis: The crime will not be prosecuted after the following period of time: where the statutory maximum sentence is less than 5 years imprisonment, 5 years have passed; where the statutory maximum sentence is between 5 and 10 years imprisonment, 10 years have elapsed; where the statutory maximum sentence is 10 years or more imprisonment, 15 years have elapsed; Where the statutory maximum sentence is life imprisonment or death, 20 years have elapsed.
Legal basis: "Criminal Law of the People's Republic of China" Article 87: Crimes are not to 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 passed;
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 deemed necessary to prosecute, it must be reported to the Supreme People's Procuratorate for approval.
-
Legal analysis: The validity period of criminal proceedings is: if the statutory maximum penalty is less than five years imprisonment, the prosecution period is five years; where the statutory maximum sentence is between 5 and 10 years imprisonment, the prosecution period is 10 years; Where the statutory maximum penalty is 10 years or more imprisonment, the prosecution period is 15 years; Where the statutory maximum penalty is life imprisonment or death, the prosecution period is 20 years.
If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.
Legal basis: Article 87 of the Criminal Law of the People's Republic of China.
The offence will not be prosecuted after the following periods have passed:
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 passed;
3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years have not 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.
-
If the statutory maximum sentence is less than five years imprisonment, the validity period of the criminal proceedings is five years, and no prosecution shall be pursued after five years; where it is between 5 and 10 years imprisonment, it is not to be prosecuted after 10 years; where the first jujube is sentenced to fixed-term imprisonment for more than 10 years, it will not be prosecuted quietly after 15 years; Where life imprisonment or death is to be imposed, it will not be prosecuted after 20 years.
Legal basisArticle 87 of the Criminal Code.
The offence will not be prosecuted after the following periods have passed:
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 passed;
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.
Verbal evidence in criminal evidence includes: witness testimony, victim statements, and confessions and justifications of criminal suspects and defendants. >>>More
1) The time limit for trial of public prosecution cases.
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 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. >>>More
It is recommended that you take a look at CNKI.
Please limit what special buttons.
The flow of a criminal case in the United States >>>More